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IN THE MATTER OF SUNRISE MANOR CENTER FOR NURSING & REHABILITATION v. NOVELLO

19 A.D.3d 426 (2005)

796 N.Y.S.2d 142

In the Matter of SUNRISE MANOR CENTER FOR NURSING AND REHABILITATION, on Behalf of MILDRED GRONERT, Appellant, v. ANTONIA C. NOVELLO, as Commissioner of the State of New York Department of Health, et al., Respondents.

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

June 6, 2005.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

There is no dispute as to the facts of this case. The issues framed by the pleadings submitted to the Supreme Court involved questions of law only, and no "substantial evidence" question (CPLR 7803 [4]) was, in fact, presented. Thus, the transfer of the proceeding to this Court pursuant to CPLR 7804...

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