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MATTER OF SHINING STAR HOME CARE, LLC v. ZUCKER

534553.

215 A.D.3d 1090 (2023)

187 N.Y.S.3d 844

2023 NY Slip Op 01927

In the Matter of Shining Star Home Care, LLC, Appellant, v. Howard Zucker, as Commissioner of Health, et al., Respondents.

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

Decided April 13, 2023.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Francis J. Smith of counsel), for appellant.

Letitia James, Attorney General, Albany (Beezly J. Kiernan of counsel), for respondents.

Garry, P.J., Lynch, Clark and McShan, JJ., concur.

Appeal from a judgment of the Supreme Court (Denise A. Hartman, J.), entered December 15, 2021, in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition.

Respondent Public Health and Health Planning Council is an administrative body within the Department...

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