GOOD SHEPHERD v. AXELROD


171 A.D.2d 317 (1991)

In the Matter of Good Shepherd-Fairview Home, Inc., Appellant, v. David Axelrod, as Commissioner 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 14, 1991


Attorney(s) appearing for the Case

Tobin & Dempf (David A. Ruffo of counsel), for appellant.

Robert Abrams, Attorney-General (Cynthia F. Kruesi and Nancy A. Spiegel of counsel), for respondents.

MAHONEY, P. J., CASEY, MIKOLL and LEVINE, JJ., concur.


HARVEY, J.

Petitioner is the owner and operator of a licensed not-for-profit residential health care facility which provides care for Medicaid patients. When petitioner entered the Medicaid program in 1966, it cared for patients in a 19th century wood-frame building (hereinafter the HRF building) which, for depreciation purposes, was assigned a value of $551,720 and assigned a useful life of 30 years. Accordingly...

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