MATTER OF BLASE v. AXELROD


67 N.Y.2d 642 (1986)

In the Matter of Michael A. Blase, Doing Business as University Heights Nursing Home, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 16, 1986.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert Hermann, Peter H. Schiff and Clifford A. Royael of counsel), for appellants.

Sharon Couch DeBonis for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to appellants, by vacating so much of the order as enjoined appellants from recouping purported Medicaid overpayments for the years 1973-1979 and compelled appellants to audit respondent's cost reports for 1981 and 1982 and render a determination within 90 days, and by directing appellants to hold hearings with respect to the cost reports for the...

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