Legal Opinion

Jay Alexander Manor, Inc. v. Novello

Appellate Division of the Supreme Court of the State of New York

Decided July 26, 2001PublishedCited by 13 opinions

1Opinion of the Court

—Crew III, J.

Appeal from a judgment of the Supreme Court (Canfield, J.), entered March 12, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, inter alia, prohibit respondent Commissioner of Health from imposing a temporary moratorium on the processing of petitioner’s application to construct a nursing home.

In April 1991, petitioner submitted a “Certificate of Need” application for the establishment and construction of a 272-bed nursing facility in Kangs County. By way of background, the “establishment” of a nursing facility is…

2Cases cited4 opinions

  1. Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
  2. Haggerty v. HimeleinNew York Court of Appeals · 1997
  3. Andrew F. Capoccia, L. L. C. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2000
  4. Salvador v. NaylorAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by13 opinions

  1. Urban Strategies, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  2. Sheffield Towers Rehabilitation & Health Care Center v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  3. Sbriglio v. NovelloAppellate Division of the Supreme Court of the State of New York · 2007
  4. Woodside Manor Nursing Home v. ShahAppellate Division of the Supreme Court of the State of New York · 2014
  5. New Franklin Nursing Home, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002

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