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MTR OF BRIGHTONIAN v. ZUCKER

Nos. 533533, 533534.

212 A.D.3d 162 (2023)

181 N.Y.S.3d 728

2023 NY Slip Op 00008

In the Matter of the BRIGHTONIAN NURSING HOME, INC., et al., Appellants, v. HOWARD ZUCKER, as Commissioner of Health, Respondent. (And Another Related Proceeding.).

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Rochester ( Christina M. Deats of counsel), for appellants.

Letitia James , Attorney General, Albany ( Kathleen M. Treasure of counsel), for respondent.

GARRY, P.J., REYNOLDS FITZGERALD, CERESIA and MCSHAN, JJ., concur.

OPINION OF THE COURT

Appeals from two judgments of the Supreme Court (Roger D. McDonough, J.), entered May 18, 2021 and May 19, 2021 in Albany County, which, in two combined proceedings pursuant to CPLR article 78 and actions for, among other things, declaratory judgment, granted respondent's cross-motion for summary judgment...

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