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MATTER OF FORT TRYON NURSING HOME v. AXELROD

107 A.D.2d 922 (1985)

In the Matter of Fort Tryon Nursing Home, Appellant, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Respondents

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

January 17, 1985

Petitioner, a residential skilled nursing facility located in New York City, submitted a 1973 cost report to the New York State Department of Health in August of 1974. The report, certified by petitioner's operator, indicated that the building and fixed equipment of the facility were provided under a non-arm's length arrangement. Based on this report, the Department calculated petitioner's 1975 Medicaid reimbursement rate and advised...

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