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MATTER OF NEW SURFSIDE NURSING HOME, LLC v. DAINES

No. 86 SSM 42

22 N.Y.3d 1080 (2014)

4 N.E.3d 966

981 N.Y.S.2d 665

2014 NY Slip Op 294

In the Matter of NEW SURFSIDE NURSING HOME, LLC, et al., Appellants, v. RICHARD F. DAINES, M.D., Commissioner of the New York State Department of Health, et al., Respondents.

Court of Appeals of New York.

Decided January 21, 2014.

Attorney(s) appearing for the Case

Hamburger, Maxon, Yaffe, Knauer & McNally, LLP, Melville ( David N. Yaffe of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Mark H. Shawhan of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered as unnecessary. Petitioners' challenges to the audit results are untimely, as this hybrid CPLR article 78 proceeding/declaratory judgment action was not commenced within four months after petitioners' receipt of the audit results (see CPLR 217 [1]; Matter of Terrace HealthCare Ctr., Inc. v Novello,

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