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BROOKDALE HOSP. v. AXELROD

120 A.D.2d 144 (1986)

In the Matter of Brookdale Hospital Medical Center, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants

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

November 13, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter J. Dooley of counsel), for appellants.

Hayt, Hayt & Landau (Laurence Jeffrey Weingard, P. C., David DeCerbo, P. C., Aaron R. Cahn and Mark A. Hartman of counsel), for respondent.

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

KANE, J.

Petitioner is a hospital which provides a service called psychiatric day night service (hereinafter PDN service). Pursuant to Public Health Law article 28, petitioner submitted a cost report for the 1983 rate year for its PDN service to respondent Commissioner of Health (hereinafter respondent) so that respondent could determine petitioner's reimbursement rate for visits by Medicaid recipients. Respondent...

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