BRIODY v. WHALEN


89 Misc.2d 296 (1977)

James T. Briody et al., Doing Business as Briody Nursing Home, Petitioners, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 24, 1977


Attorney(s) appearing for the Case

O'Connell & Aronowitz for petitioners. Louis J. Lefkowitz, Attorney-General (Anthony Patan of counsel), for respondents.


EDWARD S. CONWAY, J.

This is an article 78 proceeding brought by the petitioners for a judgment to declare illegal respondents' attempt to retroactively reduce petitioners' Medicaid reimbursement rates, and permanently enjoin respondents from taking such action without a due process hearing.

Petitioners are the operators of a nursing home facility located in Lockport, New York, licensed by the State...

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