CORTLANDT HOME v. AXELROD


66 N.Y.2d 169 (1985)

In the Matter of Cortlandt Nursing Home, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. In the Matter of Highland Nursing Home, Inc., Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants, et al., Respondent. In the Matter of King Street Home, Inc., Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. In the Matter of Broadacres Skilled Nursing Facility, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 17, 1985.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael, Robert Hermann and Peter H. Schiff of counsel), for appellants in the first, second, third and fourth above-entitled proceedings.

Cornelius D. Murray, Thomas F. Gleason and Salvatore D. Ferlazzo for respondents in the first, second and third above-entitled proceedings.

Cornelius D. Murray and Thomas F. Gleason for respondent in the fourth above-entitled proceeding.

Edward J. Kuriansky, Deputy Attorney-General (Arthur A. Munisteri and Elizabeth T. Bogren of counsel), for Medicaid Fraud Control, amicus curiae in the first, second and third above-entitled proceedings.

Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Chief Judge WACHTLER taking no part.


JASEN, J.

The critical issue common to these appeals is whether administrative delay in adjudicating the final rate of Medicaid reimbursement violated the directive of the State Administrative Procedure Act that hearings be conducted within a reasonable time.

Petitioners are residential health care facilities licensed by the Commissioner of Health pursuant to...

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