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DEMISAY v. WHALEN

59 A.D.2d 444 (1977)

Nicholas Demisay, Doing Business as Clove Lakes Nursing Home, Respondent, v. Robert P. Whalen, as Commissioner of The New York State Department of Health, Appellant

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

December 8, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (W. Alexander Melbardis and Ruth Kessler Toch of counsel), for appellant.

Rooney & Evans (Elliot L. Evans and Paul K. Rooney of counsel), for respondent.

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

LARKIN, J.

Plaintiff is the owner and operator of a nursing home and health-related facility doing business as Clove Lakes Nursing Home. By letter dated October 30, 1975, he was notified of the Medicaid reimbursement rates effective January 1, 1976, for nursing home care and health-related facility care rendered by his facility. The letter explained that: "The rates set forth above were developed on an interim...

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