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AMSTERDAM HOME v. AXELROD

172 A.D.2d 58 (1991)

In the Matter of Amsterdam Nursing Home Corporation, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants

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

December 5, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Peter G. Crary of counsel), for appellants.

Cadwalader, Wickersham & Taft (William J. Natbony, Peter G. Bergmann and Kathy H. Chin of counsel), for respondent.

CASEY, J. P., MIKOLL, YESAWICH JR. and CREW III, JJ., concur.

LEVINE, J.

In 1986, petitioner brought a proceeding pursuant to CPLR article 78 to obtain judicial review of respondents' determination of the 1983 and 1984 Medicaid reimbursement rates for petitioner's nursing home facility. The primary challenge to the determination was the refusal by respondent Commissioner of Health to consider petitioner's actual historical costs

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