HOLLISWOOD CARE CTR. v. WHALEN


58 N.Y.2d 1001 (1983)

Holliswood Care Center, Appellant, v. Robert P. Whalen, as Commissioner of the New York State Department of Health, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1983.


Attorney(s) appearing for the Case

Irwin R. Karassik for appellant.

Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter H. Schiff of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and SIMONS concur; Judge MEYER taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified by declaring the establishment of plaintiff's 1977 Medicaid reimbursement rate to be valid and, as so modified, affirmed.

As to the 1975 and 1976 reimbursement rates, plaintiff's action, which was commenced on June 22, 1977, was properly held to be time barred because more than four months from June 25, 1976, the date on which the administrative appeal...

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