The key issue in this CPLR article 78 proceeding is whether the respondents' determination that an audit conducted by the office of the Deputy Attorney-General for Medicaid Fraud Control (hereinafter Special Prosecutor) did not permit petitioner to timely initiate a rate appeal as of right under 10 NYCRR 86-2.13 (b) was arbitrary, capricious and erroneous as a matter of law.
The petitioner operates a 500-bed residential health...
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