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HARR-WOOD v. PERALES

113 A.D.2d 535 (1986)

In the Matter of Harr-Wood Nursing Home, Inc., Petitioner, v. Cesar A. Perales, as Commissioner of the Department of Social Services of The State of New York, Respondent

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

January 2, 1986

Attorney(s) appearing for the Case

Fink, Weinberger, Fredman, Berman & Lowell, P. C. (Jerome T. Levy of counsel), for petitioner.

Robert Abrams, Attorney-General (Clifford A. Royael and William J. Kogan of counsel), for respondent.

KANE J. P., MAIN, WEISS and MIKOLL, JJ., concur.

YESAWICH, JR., J.

Petitioner is a 120-bed skilled nursing facility in Oswego County. In the rate years involved, 1976 through 1979, the facility participated in both the Federal Medicare program and the joint Federal-State Medical Assistance program (Medicaid). The Medicaid program is a payor of last resort. As such, it pays facilities like petitioner the balance...

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