SUNRISE MANOR v. AXELROD


135 A.D.2d 293 (1988)

In the Matter of Sunrise Manor Nursing Home, Appellant, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, et al., Respondents

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

February 25, 1988


Attorney(s) appearing for the Case

Fink, Weinberger, Fredman, Berman & Lowell (Stephen E. Powers of counsel), for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for respondents.

WEISS, YESAWICH, JR., and HARVEY, JJ., concur.


KANE, J. P.

Petitioner, a duly licensed skilled nursing facility, participated in the Medicaid program (42 USC § 1396 et seq.) and as such was entitled to have a portion of the services it rendered to its medically indigent elderly patients reimbursed at a rate computed by respondents pursuant to Public Health Law § 2807 (3). The instant proceeding concerns the amount of reimbursement that the...

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