Legal Opinion
Brightonian Nursing Home v. Daines
New York Court of Appeals
Decided October 15, 2013PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
Before us on this appeal as of right pursuant to CPLR 5601 (d) is a challenge to the facial constitutionality of Public Health Law § 2808 (5) (c). That provision, in its present form enacted in 2010 as this case was being litigated in Supreme Court (L 2010, ch 109, part B, § 36), prohibits the withdrawal or transfer of residential health care facility equity or assets in an aggregate amount exceeding three percent of the facility’s most recently reported annual revenue from patient care services, without the prior approval of the State Commissioner of…
2Cases cited13 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Lochner v. New YorkSupreme Court of the United States · 1905
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Medical Society v. SerioNew York Court of Appeals · 2003
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3Cited by20 opinions
- Baldwin Union Free School District v. County of NassauNew York Court of Appeals · 2014
- In the Matter of Mark Ford v. New York State Racing and Wagering BoardNew York Court of Appeals · 2014
- Matarazzo v. Charlee Family Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- U.S. Bank N.A. v. LynchAppellate Division of the Supreme Court of the State of New York · 2024
- Matter of R.M. v. C.M.Appellate Division of the Supreme Court of the State of New York · 2024
15 more not listed; retrieve them via the Exa API.