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LAKESHORE HOME v. AXELROD

181 A.D.2d 333 (1992)

In the Matter of Lakeshore Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (And Two Other Related Proceedings.) In the Matter of Nortonian Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants

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

July 23, 1992

Attorney(s) appearing for the Case

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

Harter, Secrest & Emery (Thomas G. Smith, Carol L. O'Keefe and Ross P. Lanzafame of counsel), for respondents.

MIKOLL, YESAWICH JR., CREW III and MAHONEY, JJ., concur.

WEISS, P. J.

In 1980 Congress amended the joint Federal-State grant-in-aid program established pursuant to title XIX of the Federal Social Security Act (42 USC § 1396 et seq.; see, 94 US Stat 2650-2651), which is now commonly known as the Boren Amendment. This statute requires a State participating in the Medicaid program to provide for "payment * * *...

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