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MATTER OF WHITE PLAINS NURSING HOME v. WHALEN

42 N.Y.2d 838 (1977)

In the Matter of White Plains Nursing Home, Respondent-Appellant, v. Robert P. Whalen, as Commissioner of Health, et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 2, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Ruth Kessler Toch of counsel), for appellants-respondents.

Patrick W. McGinley, Suzanne Antippas and James C. Sweeney for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At this stage the case presents a very narrow issue. We are not concerned with the proper procedure to be followed in future cases in which reimbursement rates are to be fixed as the commissioner has now adopted a regulation providing for a hearing when a proposed rate revision is disputed (10 NYCRR 86-2.7, eff Jan. 25, 1977). The question is simply...

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