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MATTER OF JAY ALEXANDER MANOR, INC. v. NOVELLO

285 A.D.2d 951 (2001)

727 N.Y.S.2d 560

In the Matter of JAY ALEXANDER MANOR, INC., Appellant, v. ANTONIA NOVELLO, as Commissioner of Health of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 26, 2001.

Crew III, J.

In April 1991, petitioner submitted a "Certificate of Need" application for the establishment and construction of a 272-bed nursing facility in Kings County. By way of background, the "establishment" of a nursing facility is governed by Public Health Law § 2801-a and requires the written approval of the Public Health Council (hereinafter PHC), a 15-member group consisting of respondent Commissioner of Health and 14 other individuals appointed by...

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