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NURSING HOME v. AXELROD

131 A.D.2d 24 (1987)

In the Matter of White Plains Nursing Home, Respondent-Appellant, v. David Axelrod, as Commissioner of The Department of Health, et al., Appellants-Respondents

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

October 15, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for David Axelrod, appellant-respondent.

Suzanne Antippas for respondent-appellant.

CASEY, WEISS, YESAWICH, JR., and LEVINE, JJ., concur.

MAIN, J. P.

Petitioner is a partnership operating a nursing home in New York City. In 1975, respondent Department of Health (hereinafter Department) reduced petitioner's Medicaid realty reimbursement rate because the lease under which petitioner operates the nursing home was not the result of an "arm's length" transaction (see, Matter of White Plains Nursing Home v Whalen, 53 A...

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