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SOCY. OF NY HOSP. v. AXELROD

116 A.D.2d 426 (1986)

In the Matter of Society of the New York Hospital, Respondent-Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants-Respondents Society of the New York Hospital, Respondent-Appellant, v. Howard Veit, as Director of Office of Health Systems Management, et al., Appellants-Respondents In the Matter of New York Eye & Ear Infirmary, Respondent-Appellant, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants-Respondents

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

May 1, 1986

Attorney(s) appearing for the Case

William C. Heck of counsel (Michael A. Butterworth with him on the brief; Kelley Drye & Warren, attorneys), for Society of the New York Hospital, respondent-appellant.

Norton L. Travis of counsel (Garfunkel, Wild & Travis, P. C., attorneys), for New York Eye & Ear Infirmary, respondent-appellant.

Marion R. Buchbinder of counsel (Stanley A. Camhi with her on the brief; Robert Abrams, Attorney-General, attorney), for appellants-respondents.

SULLIVAN, ROSS, CARRO and KASSAL, JJ., concur.

KUPFERMAN, J. P.

Respondent-appellant-cross respondent Commissioner of Health of New York State, pursuant to Public Health Law § 2807 (3), establishes reimbursement rates for Medicaid, Blue Cross, workers' compensation and no-fault insurance. The calculation of these rates is based on an analysis of actual costs during a given base year and projections of changes...

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