MATTER OF ROCKAWAY CARE CTR. v. AXELROD


167 A.D.2d 747 (1990)

In the Matter of Rockaway Care Center, Appellant, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, et al., Respondents

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

November 21, 1990


Casey, J.

Petitioner's sole contention on this appeal is that respondents improperly disallowed its claim of $160,000 for "builders profit" in the computation of petitioner's 1982 Medicaid reimbursement rate. The validity of petitioner's contention depends on whether there was a "relationship" between the "builder" of the facility and petitioner which would permit disallowance of its claim or whether the construction contract was an "arm's length" transaction...

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