MATTER OF BENENSON v. AXELROD


79 A.D.2d 752 (1980)

In the Matter of Esther Benenson, Doing Business as Flushing Manor Nursing Home, Petitioner, v. David Axelrod, as Commissioner of Health Care of The State of New York, Respondent

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

December 11, 1980


As the result of an audit to determine the petitioner's operating costs, on which her Medicaid reimbursement rates for 1972 and 1973 would be based, the respondent disallowed certain expenses, a determination that the petitioner, in this proceeding, claims is arbitrary. The controversy centers on the disallowance of $255,000, the petitioner's cost of purchasing the facility, and on the useful lives assigned 12 items for depreciation purposes. At the time of the purchase,...

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