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MATTER OF ELDERWOOD HEALTH CARE CENTER AT LINWOOD v. NOVELLO

59 A.D.3d 932 (2009)

872 N.Y.S.2d 759

In the Matter of ELDERWOOD HEALTH CARE CENTER AT LINWOOD, Respondent, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health, State of New York, Appellant.

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

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the Administrative Law Judge (ALJ) that respondent properly reclassified the salary and benefit costs of nurse aide trainees as skilled nursing facility costs (see 10 NYCRR 455.37), rather

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