Eastport Manor Rehabilitation & Health Center, LLC v. Novello

On August 3, 2000, the Department of Health of the State of New York (hereinafter the DOH) announced that there would be a temporary moratorium on the processing of certain nursing home “establishment and construction” applications. After the petitioners were advised that their amended application was subject to the moratorium, they commenced the instant proceeding seeking, inter alia, to invalidate the moratorium, *739and to compel the appellant, who is the Commissioner of the DOH, to continue processing its amended application. The Supreme Court granted the petition, declared, inter alia, that…