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LONG IS. COLL. HOSP. v. DOH

151 Misc.2d 370 (1991)

Long Island College Hospital, Petitioner, v. New York State Department of Health et al., Respondents.

Supreme Court, Kings County.

June 3, 1991

Attorney(s) appearing for the Case

Kalkines, Arky, Zall & Bernstein (Andrew Schulz of counsel), for petitioner. Robert Abrams, Attorney-General (Brian T. McGovern of counsel), for respondents.

ELLIOTT GOLDEN, J.

In this CPLR article 78 proceeding, petitioner seeks to recover the income earned on its "Sinking Fund" and on its "Depreciation Construction Funds" that respondents set off against Medicaid reimbursement due petitioner for the years 1985, 1986 and 1987.

Initially, the court will consider the validity of petitioner's alleged 1985 appeal to the Department of Health, the first step...

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