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MATTER OF LEADINGAGE N.Y., INC. v. SHAH

523308.

153 A.D.3d 10 (2017)

58 N.Y.S.3d 651

2017 NY Slip Op 05136

In the Matter of LEADINGAGE NEW YORK, INC., et al., Appellants-Respondents, v. NIRAV SHAH, as Commissioner of Health, et al., Respondent-Appellants. (Proceeding No. 1.) In the Matter of COALITION OF NEW YORK STATE PUBLIC HEALTH PLANS et al., Appellants-Respondents, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents-Appellants. (Proceeding No. 2.).

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

Decided June 22, 2017.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany ( Cornelius D. Murray of counsel), and Hinman & Straub, PC, Albany ( David T. Luntz of counsel), for LeadingAge New York, Inc. and others, appellants-respondents.

O'Melveny & Meyers, LLP, New York City ( Henry M. Greenberg of Greenberg Traurig, LLP, Albany, and James W. Lytle of Manatt, Phelps & Phillips, LLP, Albany, of counsel), for Coalition of New York State Public Health Plans and others, appellants-respondents.

Eric T. Schneiderman , Attorney General, New York City ( Matthew W. Grieco of counsel), for respondents-appellants.

MCCARTHY, EGAN JR. and AARONS, JJ., concur with PETERS, P.J.; MULVEY, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

Cross appeal from a judgment of the Supreme Court (Hartman, J.), entered November 17, 2015 in Albany County, which partially dismissed petitioners' applications, in two combined proceedings pursuant to CPLR article 78 and actions for declaratory judgment, to declare invalid certain regulations promulgated...

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