BUFFALO HOSP. v. AXELROD


165 A.D.2d 605 (1991)

In the Matter of Buffalo Columbus Hospital, Respondent, v. David Axelrod, as Commissioner of Health, et al., Appellants

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

April 26, 1991


Attorney(s) appearing for the Case

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

Cohen, Swados, Wright, Hanifin, Bradford & Brett (Larry Kerman of counsel), for respondent.

CALLAHAN, J. P., DOERR, GREEN and BALIO, JJ., concur.


LOWERY, J.

The question raised by this appeal is whether respondents' interpretation and application of Public Health Law § 2807-c (11) (a) was unlawful, arbitrary, capricious and an abuse of discretion. Supreme Court granted the CPLR article 78 petition, concluding that respondents had acted illegally in retroactively readjusting the Medicaid rate for alternate level care straddle patients and in recouping...

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