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MTR WESTLEDGE v. AXELROD

113 A.D.2d 368 (1985)

In the Matter of Westledge Nursing Home, 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.

December 5, 1985

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P. C. (Salvatore D. Ferlazzo and Cornelius D. Murray of counsel), for petitioner.

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

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

WEISS, J.

Petitioner is a licensed residential health care facility (Public Health Law art 28) participating in the Medicaid program, obtaining reimbursement for services to patients eligible for Medicaid benefits at rates established by respondent Commissioner of Health (hereinafter Commissioner). Under the methodology employed, the Medicaid reimbursement rate for each facility is established prospectively...

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