MATTER OF KLEIN v. AXELROD


81 A.D.2d 935 (1981)

In the Matter of Frank Klein, Doing Business as Fairview Nursing Home, Respondent, v. David Axelrod, as Commissioner of The State of New York Department of Health, et al., Appellants

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

May 7, 1981


Petitioner operates the Fairview Nursing Home (Fairview), a residential health care facility in Forest Hills, New York, which participates in the Medicaid program. On April 14, 1977, petitioner filed for bankruptcy, both in his individual capacity and on behalf of Fairview. Since that time he has operated the facility under chapter 11 of the Bankruptcy Act as a debtor in possession. Dissatisfied with the certified and approved Medicaid reimbursement rates granted Fairview...

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