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MATTER OF ADIRONDACK HEALTH-UIHLEIN LIVING CENTER v. SHAH

1344 CA 14-00367.

125 A.D.3d 1406 (2015)

In the Matter of ADIRONDACK HEALTH-UIHLEIN LIVING CENTER et al., Respondents, v. NIRAV R. SHAH, M.D., Commissioner of Health, State of New York, et al., Appellants.

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

Decided February 6, 2015.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the sixth decretal paragraph is vacated.

Memorandum: In a related appeal, after converting this CPLR article 78 proceeding to a hybrid CPLR article 78 proceeding/declaratory judgment action, this Court holds that Supreme Court erred in determining that the enforcement of 10 NYCRR 86-2.40 (m) (10) by respondents-defendants (respondents) is arbitrary and...

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