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MATTER OF PEOPLE CARE INC. v. CITY OF N.Y. HUMAN RESOURCES ADMIN.

No. 13.

36 N.Y.3d 1088 (2021)

167 N.E.3d 497

143 N.Y.S.3d 329

2021 NY Slip Op 01834

In the Matter of PEOPLE CARE INCORPORATED, Doing Business as ASSISTED CARE, Respondent, v. CITY OF NEW YORK HUMAN RESOURCES ADMINISTRATION et al., Appellants.

Court of Appeals of New York.

Decided March 25, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York City ( Eric Lee , Devin Slack and Scott Shorr of counsel), for appellants.

Olshan Frome Wolosky LLP, New York City ( Thomas J. Fleming and Kerrin T Klein of counsel), and Todd V Lamb , New York City, for respondent.

Lettitia James , Attorney General, New York City ( Matthew W. Grieco , Barbara D. Underwood , and Steven C. Wu of counsel), for New York State Department of Health, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division for consideration of issues raised but not determined on the appeal to that Court.

For the reasons stated in the dissenting opinion below (Matter of People Care Inc. v City of N.Y. Human Resources Admin., 175 A.D.3d 134, 147-152 [1st Dept 2019, Richter...

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