HORTON HOSP v. STATE DEPT


112 Misc.2d 154 (1982)

Horton Memorial Hospital, Inc., Petitioner, v. New York State Department of Health et al., Respondents.

Supreme Court, Special Term, Albany County.

January 18, 1982


Attorney(s) appearing for the Case

De Graff, Foy, Conway, Holt-Harris & Mealey for petitioner. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondents.


EDWARD S. CONWAY, J.

This is an article 78 proceeding in which petitioner seeks a judgment: (1) reversing respondents' denial of petitioner's application for a prospective revision of its 1980 Medicaid reimbursement rate, and (2) declaring the respondents' policy of not recognizing increased operating costs until they become part of the base year to be arbitrary, capricious and unlawful.

Petitioner is a not-for-profit corporation which is established...

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