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MATTER OF BIRNBAUM v. WHALEN

85 Misc.2d 512 (1976)

In the Matter of Bernard Birnbaum, Doing Business as Abbott Manor Nursing Home, Petitioner, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, et al., Respondents.

Supreme Court, Monroe County.

February 13, 1976

Attorney(s) appearing for the Case

Harter, Secrest & Emery (William H. Helferich, III, of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly of counsel), for respondents.

WILMER J. PATLOW, J.

Petitioner is the sole proprietor of the Abbott Manor Nursing Home providing care to medically indigent patients under the Medicaid program in the City of Buffalo.

During the year 1973 the State Department of Health conducted an audit of the books and records of petitioner's nursing home for the fiscal years ending September 30, 1970 and September 30, 1971. In September of 1973 the...

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