MATTER OF NASSAU COUNTY HEALTH FACILITIES ASS'N, INC. v. AXELROD


110 A.D.2d 638 (1985)

In the Matter of Nassau County Health Facilities Association, Inc., et al., Appellants, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, Respondent

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

April 1, 1985


Judgment affirmed, without costs or disbursements.

The respondent's determination was neither arbitrary nor capricious, nor contrary to law. It was in accordance with the applicable regulations and statutes. Petitioners are not seeking an adjustment which was "necessary to avoid substantial inequities arising from the use of previously certified rates" (10 NYCRR 86-2.12 [b]). The previously certified rates of some of the...

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