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MATTER OF SISTERS OF CHARITY HOSP. OF BUFFALO v. AXELROD

59 N.Y.2d 872 (1983)

In the Matter of Sisters of Charity Hospital of Buffalo, Appellant, v. David Axelrod, as Commissioner of Health of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1983.

Attorney(s) appearing for the Case

Gerard A. Dupuis and Leonard C. Homer for appellant.

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

Peter F. Nadel, Stephen L. Ratner and Edward S. Kornreich for New York City Health and Hospitals Corporation, amicus curiae.

Concur: Judges JONES, WACHTLER, MEYER and SIMONS. Judge JASEN dissents and votes to reverse in an opinion in which Chief Judge COOKE concurs.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (89 A.D.2d 821).

JASEN, J. (dissenting).

Since I conclude that the respondent failed to offer substantial evidence to demonstrate a rational basis for its method of determining petitioner's 1980 Medicaid reimbursement, I respectfully dissent.

After determining that petitioner made a good-faith effort to place patients...

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