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BRIGHTONIAN NURSING v. DAINES

No. 161.

21 N.Y.3d 570 (2013)

2013 NY Slip Op 6636

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

Court of Appeals of New York.

Decided October 15, 2013.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino , Barbara D. Underwood and Andrew D. Bing of counsel), for appellants.

Harter Secrest & Emery LLP, Rochester ( Thomas G. Smith , F. Paul Greene and John P. Bringewatt of counsel), for respondents.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Before us on this appeal as of right pursuant to CPLR 5601 (d) is a challenge to the facial constitutionality of Public Health Law § 2808 (5) (c). That provision, in its present form enacted in 2010 as this case was being litigated in Supreme Court (L 2010, ch 109, part B, § 36), prohibits the withdrawal or transfer of residential health care facility equity...

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