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MATTER OF AGA OPERATING LLC v. ZUCKER

566 TP 22-01354.

218 A.D.3d 1354 (2023)

193 N.Y.S.3d 832

2023 NY Slip Op 04068

In the Matter of AGA Operating LLC, as Operator of the Brook at High Falls Nursing Home and Rehabilitation Center, Petitioner, v. Howard A. Zucker, M.D., J.D., et al., Respondents.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

THE LICHTMAN LAW FIRM, POUND RIDGE ( AARON C. LICHTMAN OF COUNSEL), FOR Petitioner.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE OF COUNSEL), FOR Respondents.

Present—Whalen, P.J., Lindley, 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 an order and judgment [one paper] of the Supreme Court, Monroe County [Gail Donofrio, J.], entered June 9, 2022) to review a determination of respondents. The determination found that petitioner was in violation of Executive Order (A. Cuomo) No. 202.18 (9 NYCRR 8.202.18) and imposed a penalty...

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