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HURLBUT v. AXELROD

101 A.D.2d 999 (1984)

Robert H. Hurlbut, Doing Business as Hurlbut Nursing Home, Petitioner, v. David Axelrod, as Commissioner of The Department 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 25, 1984

Determination unanimously confirmed and petition dismissed, without costs.

Memorandum:

Petitioner, the owner of a nursing home, brought this CPLR article 78 proceeding, transferred to this court, to review the determination of the State Commissioner of Health in reducing petitioner's Medicaid reimbursement rate. Petitioner had initially leased the nursing home and the capital cost component of petitioner's rate was based upon rents under the lease. After petitioner...

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