Legal Opinion

Resurrection Nursing Home v. New York State Department of Health

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

Decided October 24, 2002PublishedCited by 4 opinions

1Opinion of the CourtLahtinen, J.

Appeal from a judgment of the Supreme Court (Canfield, J.), entered July 17, 2001 in Rensselaer County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time-barred.

In 1994, petitioner requested permission from respondent Department of Health (hereinafter the Department) to construct a 120-bed nursing home facility to replace its 48-bed facility in the Village of Castleton-on-Hudson, Rensselaer County. The Department denied petitioner’s request on the grounds of financial feasibility and need, but recommended that petitioner submit revised plans for an 80-bed…

2Cases cited7 opinions

  1. Edmead v. McGuireNew York Court of Appeals · 1986
  2. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
  3. Halpin v. PeralesAppellate Division of the Supreme Court of the State of New York · 1994
  4. City of Oneida v. ChassinAppellate Division of the Supreme Court of the State of New York · 1996
  5. Mount Loretto Nursing Home v. ChassinAppellate Division of the Supreme Court of the State of New York · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Cahill v. New York State Division of State PoliceAppellate Division of the Supreme Court of the State of New York · 2003
  2. Adirondack Medical Center-Uihlein v. DainesAppellate Division of the Supreme Court of the State of New York · 2014
  3. Adirondack Medical Center-Uihlein v. DainesAppellate Division of the Supreme Court of the State of New York · 2014
  4. MatterofAdirondackMedicalCenter-UihleinvDainesAppellate Division of the Supreme Court of the State of New York · 2014

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