Lakeside Manor Home for Adults, Inc. v. Noveleo

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State of New York Department of Health dated November 4, 2003, denying the petitioner’s application for Quality Incentive Payment Program benefits for the 2002-2003 fiscal year, the appeal is from a judgment of the Supreme Court, Richmond County (Giacobbe, J.), dated May 21, 2004, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the sixth affirmative defense is stricken.. The instant proceeding challenges a…