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MATTER OF NESCONSET CTR. FOR NURSING & REHABILITATION v. COMMISSIONER OF HEALTH OF THE STATE OF N.Y.

536191.

2024 NY Slip Op 01219

In the Matter of Nesconset Center for Nursing and Rehabilitation, as Assumed Name of Nesconset Acquisition, LLC, Appellant, v. Commissioner of Health of the State of New York et al., Respondents.

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

Decided March 7, 2024.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Albany ( Raul A. Tabora Jr. of counsel), for appellant.

Letitia James , Attorney General, Albany ( Brian Lusignan of counsel), for respondents.

Before: Egan, Jr., J.P., Clark, Pritzker, Fisher and Powers, JJ.

Appeal from a judgment of the Supreme Court (David M. Gandin, J.), entered September 14, 2022 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition.

Petitioner Nesconset Acquisition, LLC was the operator of Nesconset Center for Nursing and Rehabilitation...

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