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MTR FOX MEM. HOSP. v. AXELROD

103 A.D.2d 509 (1984)

In the Matter of Aurelia Osborn Fox Memorial Hospital, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

October 25, 1984

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld (Harry R. Silver of counsel), and Bond, Schoeneck & King for petitioner.

Robert Abrams, Attorney-General (Alan W. Rubenstein and William J. Kogan of counsel), for respondents.

KANE, J. P., CASEY, YESAWICH, JR., and LEVINE, JJ., concur.

WEISS, J.

Petitioner, a not-for-profit hospital corporation, annually files a Medicaid reimbursement rate schedule which is used by respondents to establish the rate allowed for reimbursement of patient care. Depreciation is one of the items of cost included in the reimbursement rate computation (10 NYCRR 86-1.23). This controversy arose when the Department of Health (hereafter department) disallowed certain...

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