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HARTMAN v. WHALEN

68 A.D.2d 466 (1979)

Alexander Hartman, Doing Business as Wayne Nursing Home and Health-Related Facility, Respondent, v. Robert P. Whalen, as Commissioner of Health of The State of New York, et al., Appellants

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

June 21, 1979

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (W. Alexander Melbardis and Jeremiah Jochnowitz of counsel), for appellants.

O'Connell & Aronowitz, P. C. (Cornelius D. Murray of counsel), for respondent.

GREENBLOTT, MAIN, MIKOLL and HERLIHY, JJ., concur.

MAHONEY, P. J.

Plaintiff operates a certified nursing home and health-related facility participating in the Medicaid program, a joint Federal-State grant-in-aid program, established pursuant to subchapter 19 of the Federal Social Security Act (US Code, tit 42, § 1396 et seq.). The facility was originally certified as a 240-bed health-related accommodation. On October 2, 1975, the home changed its...

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