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PENINSULA NURSING v. SUGARMAN

57 A.D.2d 268 (1977)

In the Matter of Peninsula General Nursing Home, Respondent, v. Jule M. Sugarman, as Commissioner of The Department of Social Services of the City of New York, et al., Appellants

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

May 17, 1977

Attorney(s) appearing for the Case

Michael P. Fogarty of counsel; Samuel A. Hirshowitz with him on the brief (Louis J. Lefkowitz, Attorney-General), for appellants.

John Sherman of counsel (Neil Goldman with him on the brief; Hayt, Hayt & Landau, attorneys), for respondent.

SILVERMAN and YESAWICH, JJ., concur with LUPIANO, J.; MURPHY, P. J., and LANE, J., dissent in an opinion by LANE, J.

LUPIANO, J.

Jacob Stupler, now deceased, was admitted to Peninsula General Nursing Home (petitioner), a voluntary not-for-profit nursing home, on October 15, 1973. He resided there until his transfer to a hospital on September 30, 1974. The petitioner nursing home was reimbursed for care and services rendered to Stupler under Medicare for the period October 15, 1973 to January 22, 1974, at which point Medicare...

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