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PINNACLE NURSING HOME v. AXELROD

Nos. 1090, 1091, 1192, 1193, Dockets 90-6295, 90-6297, 90-6307, 90-6313.

928 F.2d 1306 (1991)

PINNACLE NURSING HOME; Lakeshore Nursing Home; Fenton Park Nursing Home; Sylcox Nursing Home and Health Related Facility; Nortonian Nursing Home; Elcor Nursing Home; Elcor's Marriott Manor; Waterview Hills Nursing Center, Inc.; Walnut Mountain Care Center; Ridge View Manor Nursing Home; Manor Oak Skilled Nursing Facility, Buffalo; Manor Oak Skilled Nursing Facility, Jamestown; Manor Oak Skilled Nursing Facility, Warsaw; Fenton Park Health Related Facility, doing business as Greenhurst Health Care Center; Oneonta-Richmond, Inc., doing business as Oneonta Nursing Home; Vestal-Johnson, Inc., doing business as Vestal Johnson Nursing Home; Crest Manor Nursing Home; Doanes Nursing Home; Blossom Health Care Center; Pontiac Nursing Home; Brae Loch Manor Health Care Facility; Nor Loch Manor Health Care Facility; Grand Island Manor Nursing Home; Hornell Nursing Home and Health Related Facility; Hurlbut Nursing Homes; Penfield Nursing Home; Conesus Lake Nursing Home; Elm Manor Nursing Home; Wedgewood Nursing Home; Westgate Nursing Home; Woodside Manor Nursing Home, Inc.; Newark Manor Nursing Home; Avon Nursing Home; Valley View Manor Nursing Home, Appellees/Cross-Appellants, v. David AXELROD, M.D., as Commissioner of Health of the State of New York; Cesar Perales, as Commissioner of Social Services of the State of New York; Dall Forsythe, as Director of the Budget of the State of New York, Appellants/Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 25, 1991.

Attorney(s) appearing for the Case

Thomas G. Smith, Rochester, N.Y. (Ross P. Lanzafame, Carol O'Keefe, and Harter, Secrest & Emery, Rochester, N.Y., on the brief) for appellees/cross-appellants Pinnacle Nursing Home, et al.

Michael A. Rosenbloom, Rochester, N.Y., for appellee/cross-appellant Valley View Manor Nursing Home.

Clifford A. Royael, Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of New York, Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., Albany, N.Y., on the brief) for appellants/cross-appellees.

Before FEINBERG, TIMBERS, and MINER, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants David Axelrod, M.D., Commissioner of Health of the State of New York; Cesar Perales, Commissioner of Social Services of the State of New York; and Dall Forsythe, Director of the Budget of the State of New York (collectively the state) appeal from a final amended judgment entered October 9, 1990 in the Western District of New York, Michael A. Telesca, Chief Judge, declaring null and void on procedural grounds the 1987 adjustment...

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