Legal Opinion

Ozanam Hall of Queens Nursing Home, Inc. v. State

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

Decided July 10, 1997PublishedCited by 15 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Court of Claims (McNamara, J.), entered March 28, 1996, which, inter alia, dismissed a portion of the claim for lack of subject matter jurisdiction.

Public Health Law § 2807-d (2) (b) imposes a 1.8% “assessment” on the gross receipts from all patient care services and other operating income of certain health care providers, including nursing homes. The assessment is to be paid monthly, 15 days following the end of the calendar month to which the assessment applies. The statute provides for interest and penalty to be assessed on certain late payments and the…

2Cases cited4 opinions

  1. Brown v. State of New YorkNew York Court of Appeals · 1996
  2. Gross v. PeralesNew York Court of Appeals · 1988
  3. Psaty v. DuryeaNew York Court of Appeals · 1954
  4. Sidoti v. StateAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by15 opinions

  1. Brown v. StoneDistrict Court, E.D. New York · 1999
  2. City of New York v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  3. Madura v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  4. Signature Health Center, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  5. Guy v. StateAppellate Division of the Supreme Court of the State of New York · 2005

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