Berkshire Nursing Center, Inc. v. Novello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring that the Regulations of the Department of Social Services (18 NYCRR) § 540.6 (a) (1) is null, void, and of no effect on the ground of unconstitutionality, the defendants appeal from an order of the Supreme Court, Suffolk County (Costello, J.), dated June 2, 2003, which, upon, in effect, converting the action to a CPLR *328article 78 proceeding, denied that branch of their motion which was for summary judgment dismissing the complaint as time-barred and granted the plaintiffs’ cross motion for leave to amend the complaint.
Ordered that the order is…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
- Village of Westbury v. Department of TransportationNew York Court of Appeals · 1989
- Castaways Motel v. SchuylerNew York Court of Appeals · 1969
- Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
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