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Legal Opinion

Brightonian Nursing Home v. Daines

New York Supreme Court

Decided November 4, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Matthew A. Rosenbaum, J.

The plaintiffs in this matter are skilled nursing homes and the New York State Health Facilities Association (the homes), individually and on behalf of the Association’s residential health care facility members in New York State. Plaintiffs are specifically challenging Public Health Law § 2808 (5) (c) and seek a preliminary injunction enjoining defendants from enforcing paragraph (c). Plaintiffs argue that this section of the Public Health Law imposes a statutory “freeze” on nursing home owners’ private bank accounts by requiring that they apply for…

2Cases cited12 opinions

  1. Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
  2. Boreali v. AxelrodNew York Court of Appeals · 1987
  3. Doe v. AxelrodNew York Court of Appeals · 1988
  4. Matter of Small v. MossNew York Court of Appeals · 1938
  5. Packer Collegiate Institute v. University of New YorkNew York Court of Appeals · 1948

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