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NURSING HOME v. AXELROD

146 A.D.2d 382 (1989)

Village Nursing Home, Inc., Appellant-Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, Respondent-Appellant

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

May 11, 1989.

Attorney(s) appearing for the Case

Robert A. Forte of counsel (Robert Abrams, Attorney-General, attorney), for respondent-appellant.

Frederick I. Miller of counsel (Garfunkel, Wild & Travis, P. C., attorneys), for appellant-respondent.

SULLIVAN, J. P., ROSS, MILONAS and ROSENBERGER, JJ., concur.

ELLERIN, J.

Plaintiff is a not-for-profit corporation which owns and operates the Village Nursing Home (the Home), a 200-bed residential health care facility located at 607 Hudson Street in New York City. Approximately 92% of the Home's residents are Medicaid recipients. Defendant Commissioner of the New York State Department of Health is responsible for setting the Medicaid reimbursement rates for facilities...

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