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NIAGARA FALLS MEM'L MED. CTR. v. AXELROD

88 A.D.2d 777 (1982)

Niagara Falls Memorial Medical Center et al., Appellants, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Respondents

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

May 14, 1982

Order unanimously affirmed, without costs.

Memorandum:

We reject appellants hospitals' contention that they have been deprived of due process as a result of the delay by the Commissioner of Health in determining their applications for review of retroactive readjustment of Medicaid payments for 1980 based on volume adjustments (10 NYCRR 86-1.12). "[D]ue process is flexible and calls for such procedural protections...

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