Silvercrest Extended Care Facility v. Novello

Appellate Division of the Supreme Court of New York

Silvercrest Extended Care Facility v. Novello

280 A.D.2d 551, 720 N.Y.S.2d 393, 2001 N.Y. App. Div. LEXIS 1891

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

DecidedFebruary 13, 2001

StatusPublished

This text of 280 A.D.2d 551 (Silvercrest Extended Care Facility v. Novello) 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

Silvercrest Extended Care Facility v. Novello, 280 A.D.2d 551, 720 N.Y.S.2d 393, 2001 N.Y. App. Div. LEXIS 1891 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR article 78 to compel the respondents to pay the petitioners $568,566.71 in start-up costs pursuant to a consent order and judgment dated January 28, 1999, entered in a prior proceeding pursuant to CPLR article 78, the petitioners appeal from a judgment of the Supreme Court, Queens County (Berke, J.), dated December 21, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the petitioners should seek relief in the prior proceeding pursuant to CPLR article 78 (see, Teitelbaum Holding v Gold, 48 NY2d 51, 53; Matter of Leisner v Bahou, 97 AD2d 860, appeal dismissed 61 NY2d 985, cert denied 469 US 1087). Bracken, Acting P. J., Goldstein, H. Miller and Feuerstein, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to compel the respondents to pay the petitioners $568,566.71 in start-up costs pursuant to a consent order and judgment dated January 28, 1999, entered in a prior proceeding pursuant to CPLR article 78, the petitioners appeal from a judgment of the Supreme Court, Queens County (Berke, J.), dated December 21, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the petitioners should seek relief in the prior proceeding pursuant to CPLR article 78 (see, Teitelbaum Holding v Gold, 48 NY2d 51, 53; Matter of Leisner v Bahou, 97 AD2d 860, appeal dismissed 61 NY2d 985, cert denied 469 US 1087). Bracken, Acting P. J., Goldstein, H. Miller and Feuerstein, JJ., concur.

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Bluebook (online)

280 A.D.2d 551, 720 N.Y.S.2d 393, 2001 N.Y. App. Div. LEXIS 1891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silvercrest-extended-care-facility-v-novello-nyappdiv-2001.

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