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MATTER OF SEVERINO v. INGRAHAM

59 A.D.2d 587 (1977)

In the Matter of Lawrence J. Severino et al., Doing Business as Kent Nursing Home, Respondents, v. Hollis S. Ingraham, as Commissioner of The Department of Health of the State of New York, Appellant

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

August 4, 1977

This proceeding was previously before this court on a motion to dismiss and we concluded that the petition stated a cause of action (Matter of Severino v Ingraham, 45 A.D.2d 564). Petitioners challenge the rate at which their nursing home was to be compensated for the care of Medicaid beneficiaries. The rate established by the commissioner was based upon a patient occupancy rate of 80% rather than the actual figure of 55%, thereby...

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