Legal Opinion

Brightonian Nursing Home v. Daines

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

Decided March 23, 2012PublishedCited by 1 opinion

1Opinion of the Court

*1356Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered November 10, 2010 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment denied the cross motion of defendants-respondents, inter alia, to dismiss the amended complaint/petition and declared unconstitutional Public Health Law § 2808 (5) (c).

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs-petitioners (plaintiffs) commenced this hybrid CPLR article 78 proceeding and…

2Cases cited32 opinions

Montgomery v. DanielsNew York Court of Appeals · 1975
Boreali v. AxelrodNew York Court of Appeals · 1987
Dickman v. CommissionerSupreme Court of the United States · 1984
Medical Society v. SerioNew York Court of Appeals · 2003
Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976

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3Cited by1 opinion

Brightonian Nursing Home v. DainesNew York Court of Appeals · 2013