Legal Opinion

Elderwood Health Care Center v. Novello

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

Decided February 6, 2009PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered October 15, 2007 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the Administrative Law Judge (ALJ) that respondent properly reclassified the salary and benefit costs of nurse aide trainees as skilled nursing…

2Cases cited3 opinions

  1. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  2. Ig Second Generation v. DhcrNew York Court of Appeals · 2008
  3. 427 West 51st Street Owners Corp. v. Division of Housing & Community RenewalNew York Court of Appeals · 2004

3Cited by3 opinions

  1. Matter of J.C. Smith, Inc. v. New York State Dept. of Economic Dev.Appellate Division of the Supreme Court of the State of New York · 2018
  2. Odd Fellow & Rebekah Rehabilitation & Health Care Center, Inc. v. Commissioner of HealthAppellate Division of the Supreme Court of the State of New York · 2013
  3. Odd Fellow & Rebekah Rehabilitation & Health Care Center, Inc. v. Commissioner of HealthAppellate Division of the Supreme Court of the State of New York · 2013

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