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KINGS HARBOR MULTICARE CTR. v. PIERRE

2020-00409. Index No. 608278/19.

211 A.D.3d 718 (2022)

177 N.Y.S.3d 892

2022 NY Slip Op 06920

Kings Harbor Multicare Center, Appellant, v. Frances Pierre, Respondent.

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

Decided December 7, 2022.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York, NY (Jeremy A. Knapp of counsel), for appellant.

Dennis M. Cohen, County Attorney, Hauppauge, NY (Leland S. Solon and Michael J. Petre of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In an action for a judgment declaring that a resident of the plaintiff's nursing home was eligible for chronic care nursing home Medicaid coverage for the period February 7, 2013, through August 31, 2014, with an appropriate transfer penalty, the plaintiff appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated November 26, 2019. The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the...

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