MATTER OF DRY HARBOR NURSING HOME v. ZUCKER

527328.

175 A.D.3d 770 (2019)

108 N.Y.S.3d 467

2019 NY Slip Op 06034

In the Matter of Dry Harbor Nursing Home et al., Appellants, v. Howard Zucker, as Commissioner of Health, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 1, 2019.


These appeals involve challenges to a program of the Department of Health (hereinafter DOH) known as the Nursing Home Quality Pool (hereinafter the Quality Pool). The Quality Pool is a $50 million budget-neutral pool that was established in the 2010-2011 final state budget to improve the quality of care for residents housed in non-specialty...

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