MTR OF OCEANVIEW v. ZUCKER

No. CV-22-1940.

215 A.D.3d 140 (2023)

188 N.Y.S.3d 773

2023 NY Slip Op 02365

In the Matter of OCEANVIEW HOME FOR ADULTS, INC., Doing Business as OCEANVIEW MANOR, Respondent, v. HOWARD ZUCKER, as Commissioner of Health, Appellant, et al., Respondent.

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

Decided May 4, 2023.


Attorney(s) appearing for the Case

Constantine Cannon LLP, New York City ( Gary J. Malone of counsel), for appellant.

O'Connell and Aronowitz, Albany ( Michael Y. Hawrylchak of counsel), for Oceanview Home for Adults, Inc., respondent.

Disability Rights New York, Brooklyn ( Marc Fliedner of counsel), for Class Counsel for the Federal Settlement, amicus curiae.

Hinman Straub PC, Albany ( David T. Luntz of counsel), for Empire State Association of Assisted Living, Inc., amicus curiae.

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


OPINION OF THE COURT

APPEAL from an amended judgment of the Supreme Court, Albany County (Margaret T. Walsh, J.), entered October 18, 2022, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment. The amended judgment partially granted petitioner's application, among other things, to declare invalid...

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