Greater New York Health Care Facilities Ass'n v. DeBuono

697 N.E.2d 589, 91 N.Y.2d 716, 674 N.Y.S.2d 634, 1998 N.Y. LEXIS 1427
CourtNew York Court of Appeals
DecidedJune 11, 1998
StatusPublished
Cited by33 cases

This text of 697 N.E.2d 589 (Greater New York Health Care Facilities Ass'n v. DeBuono) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greater New York Health Care Facilities Ass'n v. DeBuono, 697 N.E.2d 589, 91 N.Y.2d 716, 674 N.Y.S.2d 634, 1998 N.Y. LEXIS 1427 (N.Y. 1998).

Opinion

OPINION OF THE COURT

Ciparick, J.

The question raised on this appeal is whether the claims of proposed intervenors may be related back to the filing date of the original petition, where proposed intervenors are unrelated to petitioners but similarly aggrieved by the administrative action challenged and their claims would expose respondents to additional liability. We conclude that in the circumstances presented here, proposed intervenors’ claims do not relate back to the original petition and, consequently, are time-barred and intervention was properly denied.

Petitioners are an association of nursing homes and eight individual nursing homes which provide services compensable under Medicaid. They commenced this CPLR article 78 proceeding in September 1991 challenging the promulgation of regulations by the Department of Health which established Medicaid reimbursement rates applicable to petitioners’ facilities.

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Bluebook (online)
697 N.E.2d 589, 91 N.Y.2d 716, 674 N.Y.S.2d 634, 1998 N.Y. LEXIS 1427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greater-new-york-health-care-facilities-assn-v-debuono-ny-1998.