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MATTER OF WASHINGTON CTR. FOR REHABILITATION & NURSING HOME v. NEW YORK STATE DEPT. OF HEALTH

486 TP 22-00292.

218 A.D.3d 1280 (2023)

193 N.Y.S.3d 537

2023 NY Slip Op 04040

In the Matter of Washington Center for Rehabilitation and Nursing Home et al., Petitioners, v. New York State Department of Health, Respondent.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

COWART DIZZIA LLP, NEW YORK CITY ( JENNIFER SWEENEY OF COUNSEL), FOR PETITIONERS.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN LUSIGNAN OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Oneida County [Bernadette T. Clark, J.], entered Jan. 18, 2022) to review a determination of respondent. The determination imposed a penalty period upon an application for Medicaid for nursing facility services.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition...

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