Legal Opinion

Northern Metropolitan Residential Healthcare Facility, Inc. v. Novello

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

Decided April 22, 2010PublishedCited by 2 opinions

1Opinion of the Court

Spain, J.P.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered January 2, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Health requiring petitioner to repay certain Medicaid reimbursements.

In December 1987, respondent Department of Health (hereinafter DOH) gave approval for petitioner to establish an adult day-care program. In June 1988, petitioner submitted an overall anticipated budget and, in January 1989, based on the estimated costs provided, DOH…

2Cases cited7 opinions

  1. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  2. Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
  3. Marzec v. DeBuonoNew York Court of Appeals · 2000
  4. Elcor Health Services, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  5. Northern Metropolitan Residential Healthcare Facility, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by2 opinions

  1. Matter of Maione v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2022
  2. Matter of Ostler v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2022

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