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JENNIFER MATTHEW NURSING v. U.S. DEPT. OF HEALTH

Docket No. 08-5052-ag.

607 F.3d 951 (2010)

JENNIFER MATTHEW NURSING AND REHABILITATION CENTER, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Second Circuit.

Supplemental Briefing Received: October 30, 2009.

Decided: June 18, 2010.

Attorney(s) appearing for the Case

Joseph L. Bianculli, Health Care Lawyers, PLC, Arlington, VA, for Petitioner.

Abby C. Wright, Appellate Staff Attorney, Civil Division, Department of Justice, for Tony West, Assistant Attorney General (Mark B. Stern, on the brief), for Respondent.

Before SACK, LIVINGSTON, and LYNCH, Circuit Judges.

SACK, Circuit Judge:

Petitioner Jennifer Matthew Nursing and Rehabilitation Center ("Jennifer Matthew"), the former owner and operator of a nursing facility of the same name in Rochester, New York, petitions for review of a ruling by the Appeals Board (the "Board") of the United States Department of Health and Human Services ("HHS" or the "Agency"), affirming the decision of an Administrative Law Judge ("ALJ") that upheld the assessment of an $80,000 civil monetary...

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