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WILLOUGHBY HOME v. AXELROD

113 A.D.2d 617 (1986)

In the Matter of Willoughby Nursing Home, Respondent, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, Appellant

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

January 23, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Betsy Broder and Nancy A. Spiegel of counsel), for appellant.

Fink, Weinberger, Fredman, Berman & Lowell, P. C. (Irwin R. Karassik of counsel), for respondent.

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

LEVINE, J.

Petitioner operates a skilled nursing home facility in Kings County subject to Medicaid reimbursement rate regulation by respondent. Beginning in 1974, petitioner initiated some eight administrative appeals before the Department of Health (DOH) concerning its reimbursement rates. In 1981, when these administrative appeals were for the most part denied by DOH, petitioner requested that an administrative...

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