Terrace HealthCare Center, Inc. v. Novello

I must respectfully dissent because in my view relief may not be had under CPLR article 78; thus, dismissal pursuant to the four-month statute of limitations is inappropriate and would deprive the plaintiff of all relief. Because the defendant’s audits of the plaintiff healthcare facility were delayed almost seven years despite the defendant’s agreement to “expedite” the review process, I would convert this action to one for a declaratory judgment and find the audits untimely as a matter of law.

The plaintiff, Terrace HealthCare Center (hereinafter referred to as Terrace) is a 240-bed nursing…