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MATTER OF SCHWARTZBERG v. AXELROD

115 A.D.2d 107 (1985)

In the Matter of Albert Schwartzberg et al., Doing Business as Kings Harbor Care Center et al., Appellants, 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.

November 15, 1985

Mahoney, P. J.

Petitioners operate nursing homes which receive reimbursement pursuant to the Medicaid program. The Department of Health commenced an audit of petitioners in January of 1978 relating to expenses for the 1975 and 1976 rate periods. The audit report was served on petitioners in February of 1983. In June of 1983, petitioners commenced this proceeding seeking to enjoin respondents from pursuing the audit due to delay on the part of the Department...

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