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MTR. OF SEVERINO v. INGRAHAM

45 A.D.2d 564 (1974)

In the Matter of Lawrence J. Severino et al., Doing Business as Kent Nursing Home, Respondents, v. Hollis S. Ingraham, as Commissioner of Health of The State of New York, Appellant

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

October 31, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John M. Dufur and Ruth Kessler Toch of counsel), for appellant.

Frank J. Nardozzi for respondents.

HERLIHY, P. J., STALEY, JR., SWEENEY and KANE, JJ., concur.

MAIN, J.

The petitioners operate Kent Nursing Home, which is located in Putnam County and participates in the State's Medicaid program established pursuant to subchapter XIX of the Federal Social Security Act (U. S. Code, tit. 42, § 1396 et seq.). For fiscal year 1968, the period here in controversy, it was the commissioner's responsibility, as it is today, to establish the rate at which a nursing...

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