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IN THE MATTER OF TERRACE HEALTHCARE CENTER, INC. v. NOVELLO

54 A.D.3d 643 (2008)

In the Matter of TERRACE HEALTHCARE CENTER, INC., Appellant, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health for the State of New York, et al., Respondents.

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

September 30, 2008.

Petitioner's challenges to the reviews of its PRI submissions for December 1996, June 1997, December 1997, June 1998 and December 1998 are barred by the four-month statute of limitations for CPLR article 78 review (CPLR 217 [1]). Petitioner contends that it is entitled to a six-year limitation period because it is challenging the constitutionality of the review process under 10 NYCRR 86-2.30. However, the review of the submissions in question was not conducted pursuant to...

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