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BRIGHTONIAN NURSING HOME v. DAINES

CA 11-01861.

93 A.D.3d 1355 (2012)

941 N.Y.S.2d 396

2012 NY Slip Op 2245

BRIGHTONIAN NURSING HOME, et al., Respondents, v. RICHARD F. DAINES M.D., Commissioner of Health, State of New York, et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2012.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs-petitioners (plaintiffs) commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking, inter alia, a declaration that the version of Public Health Law § 2808 (5) (c) in effect at that time was unconstitutional on its face. We note at the outset that this is properly only a declaratory judgment action inasmuch as plaintiffs...

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