Legal Opinion
Johnson v. Office of Health Systems Management
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1998PublishedCited by 1 opinion
1Opinion of the Court
—Determination of respondent Office of Health Systems Management dated November 14, 1996, which denied approval for private nursing services at petitioner’s home, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, Bronx County [Lottie Wilkins, J.], entered June 13, 1997) dismissed, without costs.
Petitioner failed to seek a fair hearing challenging the agency’s determination, as had been previously done successfully, and thus failed to exhaust available administrative remedies (see, Matter…
2Cases cited5 opinions
- Lehigh Portland Cement Co. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1995
- Herberg v. PeralesAppellate Division of the Supreme Court of the State of New York · 1992
- G. Heileman Brewing Co. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Apex Air Freight, Inc. v. O'CleireacainAppellate Division of the Supreme Court of the State of New York · 1994
- Stern v. KrauskopfAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by1 opinion
- Matter of Gunther v. CruzAppellate Division of the Supreme Court of the State of New York · 2024