MATTER OF SIGETY v. INGRAHAM


29 N.Y.2d 110 (1971)

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

Court of Appeals of the State of New York.

Reargued June 10, 1971.

Decided July 7, 1971.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip Weinberg and Samuel A. Hirshowitz of counsel), for appellants.

William Klein, II, Julius J. Rosen and Joel I. Genzer for respondent.

Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge JASEN; Chief Judge FULD and Judge GIBSON dissent and vote to affirm on the opinion at the Appellate Division.


JASEN, J.

At issue on this appeal is the validity of the action of the State Commissioner of Health in limiting Medicaid reimbursement rates paid to proprietary nursing homes for services rendered to publicly assisted patients.

Section 2807 (subd. 3) of the Public Health Law empowers the Commissioner of Health to certify to the Superintendent of Insurance and the State Director of the Budget that the...

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