MATTER OF BENENSON v. AXELROD


111 A.D.2d 453 (1985)

In the Matter of Esther Benenson, Doing Business as Flushing Manor Nursing Home, Petitioner, v. David Axelrod, as Commissioner of The Department 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.

May 2, 1985


Casey, J.

At issue in this proceeding is whether there is a rational basis for the determination of respondent Commissioner of Health which disallowed, as a property cost reimbursable under the Medicaid program, the $255,000 paid by petitioner to acquire sole ownership of the partnership and corporation which operated the Flushing Manor Nursing Home and owned the facilities. We conclude that the determination...

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