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MATTER OF WESTLEDGE NURSING HOME v. AXELROD

90 A.D.2d 915 (1982)

In the Matter of Westledge Nursing Home, Petitioner, v. David Axelrod, as Commissioner of Health of The Sate of New York, et al., Respondents

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

November 18, 1982

The determinative issue in this CPLR article 78 proceeding is whether the determination which established petitioner's Medicaid rate for the year 1969 is supported by substantial evidence (Matter of Pell v Board of Educ., 34 N.Y.2d 222). In this regard, a review of the record reveals sufficient evidence to support the determination. We note that the burden of proof was upon petitioner in this rate review proceeding (Matter of...

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