Opinion
102 SSM 4
Decided March 31, 2005.
Submitted by Carol Fischer, for appellants.
Submitted by David N. Yaffe, for respondent.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
MEMORANDUM:
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.
The Department of Health's reclassification of certain "restorative therapy" patients at a residential health care facility who showed no actual improvement as "maintenance therapy" patients was neither arbitrary nor capricious ( see Matter of Elcor Health Servs. v. Novello, 100 NY2d 273, [2003]).
On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety, in a memorandum.