Legal Opinion

Chapin Home for the Aging v. Novello

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

Decided October 29, 2009PublishedCited by 2 opinions

1Opinion of the CourtCardona, P.J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Health which required repayment of certain disbursements made to petitioner.

Petitioner operates a skilled nursing facility located in Queens County (hereinafter the Chapin property) and is an enrolled provider in the Medicaid program. In 1981, petitioner applied to the Department of Health (hereinafter DOH) to construct a new facility elsewhere in Queens (hereinafter the Ottilie property). Included in that plan was…

2Cases cited4 opinions

  1. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  2. Essex County v. ZagataNew York Court of Appeals · 1998
  3. Schmitt v. SkoviraAppellate Division of the Supreme Court of the State of New York · 2008
  4. Garofalo v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Matter of 101CO, LLC v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2019
  2. Simmons v. DainesAppellate Division of the Supreme Court of the State of New York · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API