AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF HOWARD WOLF, ETC., appellant, v. ANTONIA NOVELLO, ETC., ET AL., respondents.

ORDERED that the judgment is modified by adding a provision thereto declaring that the subject moratorium is valid; as so modified, the judgment is affirmed, with one bill of costs to the respondents, and the respondents shall submit the methodology in question to the State Hospital Review and Planning Council on or before the latest date for it to be considered at the December 5, 2002, meeting of the State Hospital Review and Planning Council.

Contrary to the petitioner's contention, the Supreme Court correctly upheld the moratorium (see Matter of Urban Strategies v. Novello, 297 A.D.2d 745 [decided herewith]; Sheffield Towers Rehabilitation Health Care Ctr. v. Novello, 293 A.D.2d 182; Matter of Jay Alexander Manor v. Novello, 285 A.D.2d 951), and accordingly properly refused to direct the processing of the petitioner's application. In any event, the remedy of mandamus to compel that act is unavailable, as there is no statute or regulation requiring the respondents to process or approve pending applications within a specific time period (see Matter of Urban Strategies v. Novello, supra; Matter of Jay Alexander Manor v. Novello, supra at 953).

The petitioner's remaining arguments are without merit.

We note that since this is in part a declaratory judgment action, the Supreme Court should have made a declaration in favor of the respondents (see Lanza v. Wagner, 11 N.Y.2d 317, 334, appeal dismissed, 371 U.S. 74, cert denied 371 U.S. 901).

In light of the representations made by the Assistant Solicitor General at oral argument of this appeal, we direct the respondents to submit to the State Hospital Review and Planning Council (hereinafter the SHRPC) the methodology in question on or before the latest date for it to be considered at the December 5, 2002, meeting of the SHRPC.

FLORIO, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF WOLF v. NOVELLO
(Sep 24, 2002)