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MATTER OF ELDERWOOD AT CHEEKTOWAGA v. ZUCKER

533 CA 19-00633.

188 A.D.3d 1578 (2020)

136 N.Y.S.3d 581

2020 NY Slip Op 06587

In the Matter of Elderwood at Cheektowaga, Respondent, v. Howard A. Zucker, M.D., as Commissioner of New York State Department of Health, et al., Appellants.

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

Decided November 13, 2020.

It is hereby ordered that the judgment so appealed from is unanimously vacated, the determination is confirmed without costs, and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the Administrative Law Judge (ALJ), made after a hearing, affirming two determinations of the New York State Office of the Medicaid Inspector General...

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