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MATTER OF CABRINI OF WESTCHESTER v. DAINES

23 Misc.3d 855 (2009)

873 N.Y.S.2d 475

In the Matter of CABRINI OF WESTCHESTER, Doing Business as ST. CABRINI NURSING HOME, Petitioner, v. RICHARD F. DAINES, as Commissioner of the New York State Department of Health, et al., Respondents.

Supreme Court, Westchester County.

Decided February 5, 2009.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft LLP, New York City (Peter G. Bergmann and Brian T. McGovern of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York City (James M. Hershler of counsel), for respondents.

OPINION OF THE COURT

BARBARA G. ZAMBELLI, J.

The petitioner Cabrini of Westchester, doing business as St. Cabrini Nursing Home, is a not-for-profit, 304 bed nursing home located in Dobbs Ferry, New York. Petitioner is licensed by the New York State Department of Health as a residential health care facility. Petitioner is a certified provider in the Medicaid program. Respondent Richard F. Daines is the Commissioner of the Department of Health for New York...

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