MATTER OF EDEN PARK MGMT., INC. v. AXELROD


152 A.D.2d 844 (1989)

In the Matter of Eden Park Management, Inc., et al., Petitioners, v. David Axelrod, as Commissioner of The State of New York Department of Health, Respondent

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

July 13, 1989


Weiss, J.

Petitioners own and operate a residential health care facility in Dutchess County which participates in the Medicaid program. This proceeding concerns petitioners' effort to obtain reimbursement for expenses occasioned by a strike at the facility that began in 1979 and continued into 1981. In computing petitioners' 1981 Medicaid reimbursement rate, the Department of Health (hereinafter DOH) utilized a roll-over methodology whereby 1980 rates...

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