Legal Opinion

Grand Manor Nursing Home Health Related Facility, Inc. v. Novello

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

Decided April 19, 2007PublishedCited by 8 opinions

1Opinion of the Court

Mercure, J.E

Appeal from a judgment of the Supreme Court (Tomlinson, J.), entered December 30, 2005 in Albany County, which granted respondents’ motion to convert the action to a CPLR article 78 proceeding and to dismiss the petition.

Petitioner is a residential health care facility licensed by respondent Commissioner of Health (hereinafter respondent). It *1063contains 240 beds and has provided Medicaid recipients in Bronx County with service for over 20 years. Petitioner challenges its Medicaid reimbursement rate for 2004, asserting that the method used by the Department of Health (hereinafter…

2Cases cited7 opinions

  1. New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
  2. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
  3. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
  4. Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
  5. Amsterdam Nursing Home Corp. v. Commissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Matter of Shore Winds, LLC v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2020
  2. Valentino v. County of TompkinsAppellate Division of the Supreme Court of the State of New York · 2007
  3. Adirondack Medical Center-Uihlein v. DainesAppellate Division of the Supreme Court of the State of New York · 2014
  4. Adirondack Medical Center-Uihlein v. DainesAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Garden of Eden Home, LLC v. BassettAppellate Division of the Supreme Court of the State of New York · 2025

3 more not listed; retrieve them via the Exa API.

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