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MATTER OF WESTHAMPTON NURSING HOME v. WHALEN

60 N.Y.2d 711 (1983)

In the Matter of Westhampton Nursing Home, Respondent, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 18, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Peter H. Schiff of counsel), for appellants.

Jay G. Strum and John J. Hart for respondent.

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

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division (67 A.D.2d 1017) brought up for review should be reversed, with costs, and the judgment of Special Term determining that respondent commissioner had properly computed petitioner's reimbursement rate for 1976 and 1977 should be reinstated.

Petitioner, a licensed...

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