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MATTER OF AUTUMN VIEW HEALTH CARE FACILITY, LLC v. ZUCKER

CV-22-2287.

2024 NY Slip Op 01224

In the Matter of Autumn View Health Care Facility, LLC, et al., Appellants, v. Howard Zucker, as Commissioner of Health, Respondent.

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

Decided March 7, 2024.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Rochester ( F. Paul Greene of counsel), for appellants.

Letitia James , Attorney General, Albany ( Owen Demuth of counsel), for respondent.

Before: Aarons, J.P., Pritzker, Lynch, Fisher and Mackey, JJ.

Appeal from an order of the Supreme Court (Kimberly A. O'Connor, J.), entered October 12, 2022 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and plenary action, denied petitioners' motion for counsel fees.

Petitioners, residential health care facilities each operating a nursing home within New York...

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