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MASONIC HALL v. AXELROD

174 A.D.2d 199 (1992)

In the Matter of Trustees of the Masonic Hall and Asylum Fund, Petitioner, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Respondents

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

January 23, 1992

Attorney(s) appearing for the Case

Bondy & Schloss (Joseph S. Rosenthal and Mark A. Harmon of counsel), for petitioner.

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

MIKOLL, J. P., YESAWICH JR., LEVINE and CASEY, JJ., concur.

CREW III, J.

Petitioner is a residential health care provider and a participant in the Medicaid program. It operates a facility which provides skilled nursing and health-related care.1 The facility is a four-story structure with five wings on each floor. The skilled nursing portion of the facility consists of seven units totaling 210 beds. The nursing facility's direct-care employees...

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