NURSING HOME v. WHALEN


91 Misc.2d 672 (1977)

Brandywine Nursing Home, Inc., et al., Petitioners, v. Robert P. Whalen, as Commissioner of Health for the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

October 5, 1977


Attorney(s) appearing for the Case

Lowell & Karassik (Stanley H. Lowell of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Edward J. Kelly of counsel), for respondents.


EDWARD S. CONWAY, J.

This is a proceeding pursuant to CPLR article 78 whereby the petitioners seek an order that respondents pay to them certain stated sums of money, plus appropriate interest owing to them by virtue of the retroactive increase in Medicaid rates.

Petitioners have rendered and continue to render skilled nursing and/or health-related care in an institutional environment to sick and elderly patients eligible for Medicaid benefits...

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