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CROUSE-IRVING MEM v. AXELROD

82 A.D.2d 83 (1981)

Crouse-Irving Memorial Hospital, Respondent, v. David Axelrod, as Commissioner of the Department of Health of The State of New York, et al., Appellants

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

July 9, 1981

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Stanley Fishman and William J. Kogan of counsel), for appellants.

Costello, Cooney & Fearon (Raymond R. D'Agostino of counsel), for respondent.

DILLON, P. J., DOERR, DENMAN and MOULE, JJ., concur.

CARDAMONE, J.

The issue before us is whether an amended regulation establishing an administrative review procedure may be given retroactive effect in a pending proceeding. Special Term held that retroactive application could not be made. We disagree.

The underlying dispute involves Medicaid reimbursement rates for the year 1976. Crouse-Irving Memorial Hospital (Crouse-Irving) of Syracuse claims that the...

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