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FRANKLIN NURSING v. AXELROD

148 Misc.2d 556 (1990)

Franklin Nursing Home, Plaintiff, v. David Axelrod, as Commissioner of the State of New York Department of Health, et al., Defendants.

Supreme Court, New York County.

August 3, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert Forte of counsel), for defendants. Marvin Neiman, P. C., for plaintiff.

KARLA MOSKOWITZ, J.

The defendants move, pursuant to CPLR 205 (a), to dismiss the complaint as time barred.

The following facts, unless otherwise noted, are undisputed. This is a CPLR article 78 proceeding* in which the plaintiff Franklin Nursing Home (Franklin) seeks additional reimbursement under Medicaid. Franklin appealed its Medicaid reimbursement rates for the years...

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