MTR. OF SIGETY v. INGRAHAM


34 A.D.2d 316 (1970)

In the Matter of Charles E. Sigety, Doing Business as Florence Nightingale Nursing Home, Appellant, v. Hollis S. Ingraham, as Commissioner of Health, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1970.


Attorney(s) appearing for the Case

William Klein, II, of counsel (Julius J. Rosen and Joel I. Genzer with him on the brief; Austrian, Lance & Stewart, attorneys), for appellant.

Philip Weinberg of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondents.

EAGER, J. P., MARKEWICH and STEUER, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion.


Per Curiam.

The petitioner appeals from a judgment dismissing an article 78 proceeding brought to review the determination of the State Commissioner of Health approving and certifying the Medicaid reimbursement rates allowable to the petitioner for nursing home services rendered to patients during the period from July 1, 1968, to December 31, 1969.

The statute (Public Health Law, § 2807, subd. 3; L. 1965...

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