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BEECHWOOD v. PERALES

159 A.D.2d 35 (1990)

In the Matter of Beechwood Sanitarium, Petitioner, v. Cesar Perales, as Commissioner of Social Services of The State of New York, et al., Respondents

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

July 12, 1990

Attorney(s) appearing for the Case

O'Connell and Aronowitz (Cornelius D. Murray of counsel), for petitioner.

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

MAHONEY, P. J., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

KANE, J.

Petitioner is a residential health care facility located in the City of Rochester, Monroe County, owned and operated by Herbert and Olive Chambery. As a participant in the Medicaid program, petitioner received reimbursements during the years 1980, 1981 and 1982 according to rates computed by the Department of Health (hereinafter DOH) and based on rates contained...

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