Menorah Campus Independent Senior Apartments, Inc. v. Novello

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (John M. Curran, J.), entered December 7, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the petition and annulled respondents’ determination.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that petitioner is operating an adult care facility within the…