HENRY & WARREN CORP. v. AXELROD


163 A.D.2d 354 (1990)

Henry and Warren Corporation, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, Respondent

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

July 9, 1990


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to petitioner's contention, the Commissioner's decision to rely upon departmental audits in arriving at the historical cost of the facility which houses the nursing home operated by the petitioner is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176

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