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MATTER OF BAY PARK CTR. FOR NURSING & REHABILITATION, LLC v. ZUCKER

530875.

194 A.D.3d 1164 (2021)

143 N.Y.S.3d 621

2021 NY Slip Op 02858

In the Matter of Bay Park Center for Nursing and Rehabilitation, 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 May 6, 2021.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Rochester ( F. Paul Greene of counsel), for appellants.

Letitia James , Attorney General, Albany ( Jonathan D. Hitsous of counsel), for respondents.

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

Petitioners commenced this combined CPLR article 78 proceeding and action for declaratory judgment in January 2019 challenging regulations promulgated by the Department of Health related to the establishment of the Nursing Home Quality Pool program (see 10 NYCRR 86-2.42). These regulations were made effective as of January 3, 2018...

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