Legal Opinion

Empire State Ass'n of Assisted Living, Inc. v. Daines

New York Supreme Court

Decided September 11, 2009PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael C. Lynch, J.

In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioner Empire State Association of Assisted Living, Inc., a trade association for adult care facilities and assisted living residences, and the other petitioners, licensed adult care facilities that have applied to the Department of Health (the Department) for licensure as assisted living residences (ALR) under the Assisted Living Reform Act (Public Health Law art 46-B), seek (1) a declaration that respondent Richard H. Daines, Commissioner of the Department (the…

2Cases cited11 opinions

  1. Boreali v. AxelrodNew York Court of Appeals · 1987
  2. Medical Society v. SerioNew York Court of Appeals · 2003
  3. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  4. Nicholas v. KahnNew York Court of Appeals · 1979
  5. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995

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3Cited by2 opinions

  1. Boykin ex rel. Estate of Phillips v. 1 Prospect Park ALF, LLCDistrict Court, E.D. New York · 2014
  2. Boykin v. 1 Prospect Park ALF, LLCDistrict Court, E.D. New York · 2013

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