SOLNICK v. WHALEN


49 N.Y.2d 224 (1980)

Anne Solnick et al., Doing Business as Dover Nursing Home, Respondents, 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 January 8, 1980.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (William J. Kogan, Shirley Adelson Siegel and W. Alexander Melbardis of counsel), for appellants.

Cornelius D. Murray and Robert E. Ganz for respondents.

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


JONES, J.

A declaratory judgment action to challenge a determination adjusting Medicaid reimbursement rates for an individual nursing home facility for lack of procedural due process is time-barred when it is brought more than four months after notification of the rejection of its appeal from the audit on which the adjustments were based and more than four months after notification of its adjusted reimbursement...

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