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In the Matter of New Surfside Nursing Home, LLC, et al., Appellants,v.Richard F. Daines,, et al., Respondents.

Brief

30 Cited authorities

  1. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 372 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  2. Matter of Essex County v. Zagata

    91 N.Y.2d 447 (N.Y. 1998)   Cited 169 times
    Holding that an agency decision is final when the decision "may not be prevented or significantly ameliorated by further administrative action or by steps available to the complaining party"

  3. Church of St. Paul v. Barwick

    67 N.Y.2d 510 (N.Y. 1986)   Cited 233 times
    Holding that decision was not final "until plaintiff has sought and the Commission has granted or denied a certificate of appropriateness or other approval . . . ."

  4. Association of Counties v. Axelrod

    78 N.Y.2d 158 (N.Y. 1991)   Cited 195 times

    Argued April 30, 1991 Decided June 27, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Paul Cheeseman, J. Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony for appellant. Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents. Cornelius D. Murray and David M. Cherubin for New York State Health Facilities Association, Inc., amicus curiae. Susan C. Waltman for the Greater New York

  5. Gaines v. New York State Division of Housing & Community Renewal

    90 N.Y.2d 545 (N.Y. 1997)   Cited 159 times

    Argued September 8, 1997 Decided October 16, 1997 Appeal from the the Supreme Court (Karla Moskowitz, J.). Marcia P. Hirsch, Bronx, Rudolph Rosa Di Sant and Sheldon Melnitsky for appellant. John J. Cox, New York City, for respondent. Carb, Luria, Cook Kufeld, L. L. P., New York City (James E. Schwartz of counsel) LEVINE, J. Petitioner Germaine Gaines commenced this CPLR article 78 proceeding to challenge respondent New York State Division of Housing and Community Renewal's (DHCR) determination that

  6. In the Mtr. of Ntnl. Fuel Gas Corp. v. P.S.C. of N.Y.

    2011 N.Y. Slip Op. 2435 (N.Y. 2011)   Cited 67 times

    No. 33. Argued February 8, 2011. Decided March 29, 2011. APPEAL, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 31, 2009, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in Albany County). The Appellate Division (1) modified a determination of respondent Public Service Commission of the State of New York, which had modified

  7. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health

    85 N.Y.2d 326 (N.Y. 1995)   Cited 107 times
    In Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health (85 N.Y.2d 326, 332), the Court of Appeals stated that "Although documented studies often provide support for an agency's rule making, such studies are not the sine qua non of a rational determination * * * 'the commissioner, of course, is not confined to factual data alone but also may apply broader judgmental considerations based upon the expertise and experience of the agency he heads' (see, Matter of Catholic Med. Ctr. v. Department of Health, 48 N.Y.2d 967, 968-969)."

  8. Environmental v. Larchwood Corp.

    101 A.D.2d 591 (N.Y. App. Div. 1984)   Cited 121 times

    May 29, 1984 Appeal from the Supreme Court, Suffolk County, Frank De Luca, J. Ingerman, Smith, Greenberg Gross ( Jonathan Heidelberger and Bernard C. Smith of counsel), for appellant. Lynn, Ledwith Quinlan ( Robert P. Lynn, Jr., of counsel), for respondents. TITONE, J.P. In this action to recover damages for breach of contract and for violation of the trust fund provisions of sections 70 Lien and 71 Lien of the Lien Law, the plaintiff appeals from an order of the Supreme Court, Suffolk County, which

  9. In Matter of Elcor Health Svcs. Inc. v. Novello

    100 N.Y.2d 273 (N.Y. 2003)   Cited 68 times
    In Elcor, the Court of Appeals determined that the Public Health Law supported the actual improvement standard, which would encourage "efficiently and economically operated facilities" (Public Health Law § 2807) by allowing reimbursement only for those patients who were properly provided restorative therapy, and, as a result, showed actual improvement.

  10. Matter 125 Bar Corp. v. State Liq. Auth

    24 N.Y.2d 174 (N.Y. 1969)   Cited 129 times
    In Matter of 125 Bar Corp. v. State Liq. Auth. (24 N.Y.2d 174, 180) the court said: "Since this article 78 proceeding was a review of an administrative determination not resting on a hearing mandated by law, Special Term should have determined the matter."

  11. Section 1396r - Requirements for nursing facilities

    42 U.S.C. § 1396r   Cited 403 times   5 Legal Analyses
    Requiring nursing homes to inform nursing-home residents of their rights, orally and in writing, upon admission and upon request

  12. Section 86-2.10 - Computation of basic rate

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.10   Cited 82 times
    Explaining that a new operator's failure to file timely cost reports results in two-percent reimbursement rate penalty under section 86-2.2(c)

  13. Section 86-2.30 - Residential health care facilities patient assessment for certified rates

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.30   Cited 16 times
    Relating to PRIs

  14. Section 86-2.11 - Adjustments to direct component of the rate

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.11   Cited 7 times

    (a) Payments for 1986 and subsequent rate years for the direct component of the rate as defined in section 86-2.10(c) of this Subpart shall be adjusted periodically as described in this section to reflect changes in the case mix of facilities. (b) Facilities shall report to the department changes in patient case mix as follows: (1) Full reassessments. Facilities shall, on a schedule to be established by the department, assess all their patients semiannually and submit patient review instruments pursuant

  15. Section 86-2.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.1   Cited 4 times

    As used in this Subpart, the following definitions shall apply: (a) Residential health care facility, medical facility or facility shall mean all facilities or organizations covered by the term nursing home as defined in article 28 of the Public Health Law, including hospital-based residential health care facilities, and nursing facilities as defined in section 1919 of the Federal Social Security Act, provided that such facility possesses a valid operating certificate issued by the State Commissioner

  16. Section 415.39 - Specialized programs for residents requiring behavioral interventions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.39

    (a) General. (1) Specialized programs for residents requiring behavioral interventions (the program) shall mean a discrete unit with a planned combination of services with staffing, equipment and physical facilities designed to serve individuals whose severe behavior cannot be managed in a less restrictive setting. The program shall provide goal-directed, comprehensive and interdisciplinary services directed at attaining or maintaining the individual at the highest practicable level of physical,

  17. Section 76.7 - Requirements for licensure as an occupational therapy assistant

    N.Y. Comp. Codes R. & Regs. tit. 8 § 76.7

    To qualify for licensure as an occupational therapy assistant pursuant to section 7904-a of the Education Law, an applicant shall fulfill the following requirements: (a) file an application with the department; (b) complete at least a two-year associate degree program for occupational therapy assistants registered by the department or accredited by a national accreditation agency which is satisfactory to the department, or its equivalent, as determined by the department; (c) have a minimum of sixteen