Henderson v. Lavine

Appellate Division of the Supreme Court of New York

Henderson v. Lavine

42 A.D.2d 676, 344 N.Y.S.2d 379, 1973 N.Y. App. Div. LEXIS 4284

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 1, 1973

StatusPublished

This text of 42 A.D.2d 676 (Henderson v. Lavine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henderson v. Lavine, 42 A.D.2d 676, 344 N.Y.S.2d 379, 1973 N.Y. App. Div. LEXIS 4284 (N.Y. Ct. App. 1973).

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Opinion

Determination unanimously annulled, with costs, and matter remitted for [677]*677further proceedings in accordance with the following memorandum: Petitioner, the owner of a nursing home in Syracuse, brought this article 78 proceeding to annul a determination made by respondents which held that petitioner’s nursing home could not be certified for skilled nursing care in accordance with the provisions of title XIX of the Federal 'Social -Security Act (U. S. Code, tit. 42, § 1396 et seq.), thus rendering her ineligible for further participation in the Medicaid program. As in Matter of Pasquale v. Lamine (42 A D 2d 674) decided herewith, petitioner produced evidence by qualified experts that although her nursing home did not conform to the Life Safety Code her patients were not adversely affected by these deficiencies. Petitioner introduced evidence of alternate methods employed by her which made the structure equivalent in safety to one in compliance with the code. Respondents failed to introduce counter-r vailing proof and the determination, therefore, is not supported by substantial evidence. (Review of determination denying certification of nursing home, transferred by order of Onondaga Special Term.) Present — Goldman, P. J., Witmer, Moule, Simons and Henry, JJ.

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Determination unanimously annulled, with costs, and matter remitted for [677]*677further proceedings in accordance with the following memorandum: Petitioner, the owner of a nursing home in Syracuse, brought this article 78 proceeding to annul a determination made by respondents which held that petitioner’s nursing home could not be certified for skilled nursing care in accordance with the provisions of title XIX of the Federal 'Social -Security Act (U. S. Code, tit. 42, § 1396 et seq.), thus rendering her ineligible for further participation in the Medicaid program. As in Matter of Pasquale v. Lamine (42 A D 2d 674) decided herewith, petitioner produced evidence by qualified experts that although her nursing home did not conform to the Life Safety Code her patients were not adversely affected by these deficiencies. Petitioner introduced evidence of alternate methods employed by her which made the structure equivalent in safety to one in compliance with the code. Respondents failed to introduce counter-r vailing proof and the determination, therefore, is not supported by substantial evidence. (Review of determination denying certification of nursing home, transferred by order of Onondaga Special Term.) Present — Goldman, P. J., Witmer, Moule, Simons and Henry, JJ.

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Bluebook (online)

42 A.D.2d 676, 344 N.Y.S.2d 379, 1973 N.Y. App. Div. LEXIS 4284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-lavine-nyappdiv-1973.