Appellate Division of the Supreme Court of the State of New York October 9, 2003 (Concourse Rehabilitation & Nursing Center, Inc. v. Novello)

Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about June 12, 2002, which, to the extent appealed from as limited by the brief, granted the motion of defendant Antonia Novello, as Commissioner of the Department of Health (the State), to dismiss plaintiffs federal claims, and granted the motion of defendant Foundation for Quality Medical Care, Inc.