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BROADACRES NURSING v. INGRAHAM

51 A.D.2d 243 (1976)

In the Matter of Broadacres Skilled Nursing Facility et al., Appellants, v. Hollis S. Ingraham, as Commissioner of Health of The State of New York, et al., Respondents

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

March 4, 1976

Attorney(s) appearing for the Case

Donald E. Keinz, County Attorney (Stephen D. Gerling of counsel), for appellants.

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

GREENBLOTT, J.P., MAIN, HERLIHY and REYNOLDS, JJ., concur.

LARKIN, J.

This action, originally brought as an article 78 proceeding, sought a review of the action of the Commissioner of Health fixing the 1974 Medicaid reimbursement rate for appellant's facility and declaratory judgment determining that the commissioner enacted certain arbitrary and capricious regulations in violation of the authority granted by the Public Health Law.

Subdivision 3 of section 2807...

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