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  5. 46 N.Y.2d 979 (1979)
 

MATTER OF CORTLANDT NURSING CARE CTR. v. WHALEN

46 N.Y.2d 979 (1979)

In the Matter of Cortlandt Nursing Care Center, Respondent, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (W. Alexander Melbardis, Samuel A. Hirshowitz, Philip Weinberg and Richard G. Berger of counsel), for appellants.

Stanley H. Lowell and Richard L. Brenner for respondent.

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

MEMORANDUM.

In this CPLR article 78 proceeding, respondent Cortlandt Nursing Care Center challenges the validity of Medicaid reimbursement rate ceilings established by appellant State Commissioner of Health for respondent's medical facility.

Pursuant to the Public Health Law (§ 2807, subd 3), the commissioner is empowered to establish reimbursement rates "reasonably related to the costs of providing"

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