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BRIGHTONIAN NURSING v. DAINES

No. 2009-13213

26 Misc.3d 735 (2009)

890 N.Y.S.2d 818

2009 NY Slip Op 29498

THE BRIGHTONIAN NURSING HOME et al., Plaintiffs, v. RICHARD F. DAINES, M.D., as Commissioner of Health of the State of New York, et al., Defendants.

Supreme Court, Monroe County.

Decided November 4, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (J. Richard Benitez of counsel), for defendants.

Harter Secrest & Emery, LLP (Thomas Smith and F. Paul Greene of counsel), for plaintiffs.

OPINION OF THE COURT

MATTHEW A. ROSENBAUM, J.

The plaintiffs in this matter are skilled nursing homes and the New York State Health Facilities Association (the homes), individually and on behalf of the Association's residential health care facility members in New York State. Plaintiffs are specifically challenging Public Health Law § 2808 (5) (c) and seek a preliminary injunction enjoining defendants from enforcing paragraph (c). Plaintiffs argue that...

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