Legal Opinion

Episcopal Church Home v. Toia

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

Decided July 9, 1981Published

1Opinion of the Court

*481OPINION OF THE COURT

Dillon, P. J.

At the threshold of this appeal requiring construction of a support and maintenance contract is the question of whether petitioners have standing to bring a CPLR article 78 proceeding to review and annul an administrative determination discontinuing medical assistance for the reason that petitioners contracted to furnish life care to applicants for medical assistance.1 We hold that petitioners have standing, and as to the merits, upon our finding that petitioners are separate corporate entities, we hold that the contract did not require petitioner Episcopal…

2Cases cited7 opinions

  1. St. Francis Hospital v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1979
  2. MATTER OF PENINSULA GEN. NURSING HOME v. SugarmanNew York Court of Appeals · 1978
  3. MATTER OF ST. FRANCIS HOSP. v. D'EliaNew York Court of Appeals · 1981
  4. Peninsula General Nursing Home v. SugarmanAppellate Division of the Supreme Court of the State of New York · 1977
  5. Wood v. FaheyAppellate Division of the Supreme Court of the State of New York · 1978

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