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  5. 68 N.Y.2d 862 (1986)
 

MATTER OF WESTLEDGE NURSING HOME v. AXELROD

68 N.Y.2d 862 (1986)

In the Matter of Westledge 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 October 14, 1986.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert Hermann, Peter H. Schiff and Alan W. Rubenstein of counsel), for appellants.

Salvatore D. Ferlazzo for respondent.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum; Chief Judge WACHTLER taking no part.

MEMORANDUM.

The judgment of the Appellate Division insofar as appealed from should be reversed, with costs, and the determination of the Commissioner of Health directing recoupment of overpayments due to labor costs reinstated.

The conclusion by the Appellate Division that the Commissioner's determination to readjust retroactively the respondent Westledge Nursing Home's reimbursement rates and recoup the labor cost...

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