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MATTER OF DELAWARE OPERATIONS ASSOC. LLC v. NEW YORK STATE DEPT. OF HEALTH

537 CA 19-01801.

187 A.D.3d 1560 (2020)

132 N.Y.S.3d 489

2020 NY Slip Op 05357

In the Matter of Delaware Operations Associates LLC, Doing Business as Buffalo Center for Nursing and Rehabilitation, Appellant, v. New York State Department of Health, Respondent.

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

Decided October 2, 2020.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this CPLR article 78 proceeding seeking to annul a determination by respondent New York State Department of Health (DOH) that petitioner was ineligible for Medicaid reimbursement for the costs of medical assistance provided to one of its residents, petitioner appeals from an order and judgment that, inter alia, granted DOH's motion to dismiss the...

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