MATTER OF EDEN PARK HEALTH SERVS., INC. v. WHALEN


77 A.D.2d 673 (1980)

In the Matter of Eden Park Health Services, Inc., et al., Respondents, v. Robert P. Whalen, as Commissioner of Health of The State of New York, Appellant

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

July 3, 1980


Petitioners, the owners and operators of seven nursing homes licensed by the State of New York, after their petition challenging the authority of the Commissioner of the Department of Health to establish new rates for 1976 was dismissed,* commenced this CPLR article 78 proceeding, by leave of Special Term, to compel the Department of Health to hold a hearing as to the validity of the reimbursement rates so established. The commissioner contends...

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