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EMPIRE STATE ASSN. v. DAINES

6275-08

26 Misc.3d 340 (2009)

887 N.Y.S.2d 452

2009 NY Slip Op 29383

In the Matter of EMPIRE STATE ASSOCIATION OF ASSISTED LIVING, INC., et al., Petitioners, v. RICHARD H. DAINES, as Commissioner of the New York State Department of Health, Respondent.

Supreme Court, Albany County.

Decided September 11, 2009.

Attorney(s) appearing for the Case

Hinman Straub, P.C., Albany (David T. Luntz and Lori A. Sievers of counsel), for petitioners.

Andrew M. Cuomo, Attorney General, Albany (Shoshanah V. Asnis of counsel), for respondent.

Schwartzapfel Truhowsky Marcus, P.C., Jericho (Deborah Truhowsky of counsel), amicus curiae.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioner Empire State Association of Assisted Living, Inc., a trade association for adult care facilities and assisted living residences, and the other petitioners, licensed adult care facilities that have applied to the Department of Health (the Department) for licensure as assisted living residences (ALR) under the Assisted Living Reform...

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