Blossom View Nusring Home v. Novello

OPINION OF THE COURT

Read, J.

In this CPLR article 78 proceeding, petitioner Blossom View Nursing Home (Blossom) appeals from an Appellate Division order dismissing its petition seeking to bar respondents Commissioner of Health and Director of the Division of the Budget from auditing its patient review instruments (PRIs) for the years 1994 though 1996. The New York State Department of Health (DOH) did not announce its intention to commence audits of Blossom’s PRIs for any of these years until August 2002, and the parties dispute whether DOH may ever audit PRIs more than six years after they are…