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FAHEY v. AXELROD

147 Misc.2d 146 (1990)

Thomas M. Fahey, Doing Business as Castle Rest Nursing Home, Petitioner, v. David Axelrod, as Commissioner of the New York State Department of Health, Respondent.

Supreme Court, Albany County.

May 9, 1990

Attorney(s) appearing for the Case

Byrne, Costello & Pickard (Matthew V. Byrne, III, of counsel), for petitioner. Robert Abrams, Attorney-General (Robert B. Keyes of counsel), for respondent.

EDWARD S. CONWAY, J.

This is a CPLR article 78 proceeding in which petitioner seeks a judgment reversing the determination of the respondent with reference to petitioner's 1981 Medicaid reimbursement rate or, alternatively, directing that a hearing be held to establish if the October 1972 purchase price for the nursing home in question was bona fide fair and reasonable and should be used to determine the capital...

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