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MATTER OF WHEEL CHAIR HOME, INC. v. BUSCAGLIA

64 A.D.2d 830 (1978)

In the Matter of Wheel Chair Home, Inc., Respondent, v. Fred J. Buscaglia, as Commissioner of Social Services, Respondent, and Stephen Berger, as Commissioner of New York State Department of Social Services, Appellant

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

July 13, 1978

Judgment unanimously reversed, without costs, and determination confirmed.

Memorandum:

This is an appeal from a judgment annulling the determination of the Erie County Commissioner of Social Services which permitted payment of Medicaid assistance to residents of petitioner's nursing home only to the extent of each of the contract residents' pro rata share of the petitioner's operating loss. We agree with Special Term that petitioner nursing home had standing...

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