MTR OF POLYCLINIC v. AXELROD


117 A.D.2d 99 (1986)

In the Matter of Stuyvesant Polyclinic, Appellant, 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.

May 8, 1986


Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld (Harry R. Silver, David H. Eisenstat, P. C., and Jorge Lopez, Jr., of counsel), and Bond, Schoeneck & King (David R. Sheridan of counsel), for appellant.

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

MAIN, J. P., CASEY, WEISS and LEVINE, JJ., concur.


HARVEY, J.

Petitioner operates a free-standing ambulatory care facility in New York City. Prior to 1977, petitioner had never sought Medicaid reimbursement and, hence, had never filed a Medicaid cost report pursuant to 10 NYCRR 86-1.3. In 1977, petitioner's directors apparently decided to apply for Medicaid reimbursement, and the first full year for which a cost report was filed was 1978. In order to set a target...

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