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MATTER OF SPLIT ROCK NURSING HOME v. OFFICE OF HEALTH SYS. MGMT. OF THE DEP'T OF HEALTH OF THE STATE OF NEW YORK

85 A.D.2d 808 (1981)

In the Matter of Split Rock Nursing Home, Petitioner, v. Office of Health Systems Management of the Department of Health of the State of New York et al., Respondents

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

December 17, 1981

Petitioner is a private nursing home located in The Bronx, New York, having opened for business in February, 1971. Its reports to the New York State Department of Health (Department) for the year 1971 established a prima facie basis for the grant of an "incentive allowance" pursuant to former section 86.31 of the Administrative Rules and Regulations of the Department of Health (10 NYCRR 86.31, repealed Oct. 14, 1975). This section provided as follows: "86.31 Incentive allowance...

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