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MATTER OF PARK BEACH ASSISTED LIVING, LLC v. ZUCKER

530444.

189 A.D.3d 1756 (2020)

137 N.Y.S.3d 209

2020 NY Slip Op 07264

In the Matter of Park Beach Assisted Living, LLC, 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 December 3, 2020.

Attorney(s) appearing for the Case

Nixon Peabody, LLP, Albany ( Phillip Rosenberg of counsel), for appellants.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondents.

Garry, P.J., Egan Jr., Clark and Colangelo, JJ., concur.

In 2014, Samuel J. Konig, the sole proprietor of Park Inn—an adult home—was granted contingent approval by respondent Department of Health (hereinafter DOH) to apply for permission to convert a portion of the facility's beds into assisted living program (hereinafter ALP) beds. An application was submitted and pending when...

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