MATTER OF DRY HARBOR NURSING HOME v. ZUCKER

529155.

182 A.D.3d 847 (2020)

123 N.Y.S.3d 213

2020 NY Slip Op 02309

In the Matter of Dry Harbor Nursing Home et al., Appellants, v. Howard Zucker, as Commissioner of Health, et al., Respondents.

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

Decided April 16, 2020.


The facts and regulatory background are set forth in a prior related appeal (Matter of Dry Harbor Nursing Home v Zucker, 175 A.D.3d 770 [2019]). Briefly, petitioners are various nursing homes that operate in the state and receive Medicaid funds. The Nursing Home Quality Pool (hereinafter the Quality Pool) is a program established...

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