First Baptist Church of Crown Heights Center for Nursing & Rehabilitation, Inc. v. Novello

On August 3, 2000, the Department of Health of the State of New York (hereinafter the DOH) announced that there would be a temporary moratorium on the processing of nursing home “establishment and construction” applications which had been *740conditionally approved, and which had not yet received final approval. After the petitioner was advised that its application was subject to the moratorium, it commenced the instant proceeding seeking, inter alia, to have the moratorium invalidated and to compel the appellant, as Commissioner of the DOH, to continue processing its application. The Supreme…