RODDEN v. AXELROD


95 A.D.2d 932 (1983)

John Rodden et al., Doing Business as Crest Hall Health Related Facility, Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents. (Action No. 1.) Morris Goldsmith, as Sole Proprietor of Oak Hollow Nursing Center, Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents. (Action No. 2.)

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

June 16, 1983


These two declaratory judgment actions, consolidated for appeal, involve identical challenges to retroactive adjustments made in plaintiffs' Medicaid reimbursement rates. Plaintiffs, proprietors of two Suffolk County residential health care facilities, take exception to Special Term's determination granting summary judgment in defendants' favor, the effect of which was to sustain an adjustment in plaintiffs' rates so as to recoup overpayments made in 1976. The dispute originates...

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