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Matter of Adirondack Tri-Cnty Nursing & Rehab. Cntr.

Court Authorizes Sale of Healthcare Facility, Property to LLC Despite AG's Objections

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DECISION AND ORDER

*1 Petitioner Adirondack Tri-County Nursing and Rehabilitation Center, Inc. is a not-for-profit corporation which owns and operates a licensed 82-bed residential healthcare facility located at 112 Ski Bowl Road in North Creek, Warren County. The facility also offers adult day health care services, as well as physical, occupational, and speech therapy programs. Petitioner owns the facility, together with the 7.59-acre parcel of real property upon which it is situated.1 Petitioner also owns a medical center adjacent to the facility, which center is leased to an unrelated physicians group. Presently before the Court is petitioner’s application by Order to Show Cause to sell the facility and substantially all of its assets — including its real property — to Post Acute Partners Acquisition, LLC (hereinafter Post Acute) for the sum of $3,475,501 (see N-PCL 510, 511).N-PCL 510 (a) (3) and 511 (b) require that this application be made on notice to the Attorney General. N-PCL 511 (b) further provides that the Attorney General shall be given “a minimum of fifteen days notice[,]” with the Court having the “ authority to shorten [the] time for service…upon a showing of good

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