Adirondack Health-Uihlein Living Center v. Shah

Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered November 20, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The order, insofar as appealed from, granted those parts of the amended petition seeking to prohibit respondents-defendants from enforcing 10 NYCRR 86-2.40 (m) (10).

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and those parts of the amended petition seeking to prohibit…