Legal Opinion
Manor v. Commissioner of Health
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2013Published
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Supreme Court *1117(Cahill, J.), entered January 25, 2012 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents’ motion to dismiss the petition/complaint.
In June 1991, the Department of Health granted petitioner a certificate of need to construct a 280-bed nursing home. Several years later, petitioner commenced operations, conditioned upon its compliance with a 40-bed phase-in schedule. Pursuant to this process, petitioner contacted the Department when the first 40-bed unit was near full…
2Cases cited17 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Coleman v. DainesNew York Court of Appeals · 2012
- Town of Oyster Bay v. KirklandNew York Court of Appeals · 2012
- Kupersmith v. Public Health CouncilAppellate Division of the Supreme Court of the State of New York · 1984
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