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MATTER OF FAHEY v. WHALEN

54 A.D.2d 1097 (1976)

In the Matter of Thomas M. Fahey, Appellant, v. Robert Whalen, as Commissioner of New York State Department of Health, et al., Respondents

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

November 5, 1976

Judgment unanimously affirmed, without costs.

Memorandum:

Appellant is owner and operator of a nursing home. In 1974 respondent department of health conducted an audit of Medicaid payments made to the nursing home in the years 1970 and 1971 pursuant to 10 NYCRR 86.8. Upon completion of the audit it notified appellant of overpayments for those years, totaling $34,988. The notices contained attachments summarizing the disallowed expenses and revised rate computations...

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