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PINNACLE NURSING HOME v. AXELROD

Nos. CIV-89-0706T, CIV-89-0744T.

719 F.Supp. 1173 (1989)

PINNACLE NURSING HOME; Lakeshore Nursing Home; Fenton Park Nursing Home; Sylcox Nursing Home and Health Related Facility; Nortonian Nursing Home; Elcor Nursing Home; Elcor's Marriott Manor; Waterview Hills Nursing Center, Inc.; Walnut Mountain Care Center; Ridge View Manor Nursing Home; Manor Oak Skilled Nursing Facility, Buffalo, Manor Oak Skilled Nursing Facility, Jamestown; Manor Oak Skilled Nursing Facility, Warsaw; Fenton Park Health Related Facility, d/b/a Greenhurst Health Care Center; Oneonta-Richmond, Inc. d/b/a Oneonta Nursing Home; Vestal-Johnson, Inc. d/b/a Vestal Johnson Nursing Home; Crest Manor Nursing Home; Doanes Nursing Home; Blossom Health Care Center; Pontiac Nursing Home; Brae Loch Manor Health Care Facility; Nor Loch Manor Health Care Facility; Grand Island Manor Nursing Home; Hornell Nursing Home and Health Related Facility; Hurlbut Nursing Homes; Penfield Nursing Home; Conesus Lake Nursing Home; Elm Manor Nursing Home; Wedgewood Nursing Home; Westgate Nursing Home; Woodside Manor Nursing Home, Inc.; Newark Manor Nursing Home; and Avon Nursing Home, Plaintiffs, v. David AXELROD, M.D., as Commissioner of Health of the State of New York; Cesar Perales, as Commissioner of Social Services of the State of New York; Dall Forsythe as Director of the Budget of the State of New York, and Louis Sullivan, as Secretary of the United States Department of Health and Human Services, Defendants. VALLEY VIEW MANOR NURSING HOME, Plaintiff, v. David AXELROD, M.D., as Commissioner of Health of the State of New York; Cesar Perales, as Commissioner of Social Services of the State of New York; Dall Forsythe as Director of the Budget of the State of New York, and Louis Sullivan, as Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, W.D. New York.

August 15, 1989.

Attorney(s) appearing for the Case

Harter, Secrest & Emery (C. Richard Cole, of counsel), Rochester, N.Y., for plaintiffs.

Atty. Gen. of the State of N.Y. (Jeffrey M. Dvorin, Asst. Atty. Gen., of counsel), Dept. of Law, Albany, N.Y., for Axelrod, Perales and Forsythe.

U.S. Attorney's Office (Brian McCarthy, Asst. U.S. Atty., of counsel), Rochester, N.Y., for Sullivan.

DECISION AND ORDER

TELESCA, Chief Judge.

I. INTRODUCTION

The plaintiffs in these nearly identical actions are residential health care facilities caring for elderly and infirmed patients in 16 different counties throughout New York State.1 The defendants2 are state and federal officials who are charged with the administration and/or review of New York State's Medicaid program, a program jointly...

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