NURSING HOME v. HEALTH COMMR.


194 A.D.2d 149 (1993)

In the Matter of Consolation Nursing Home, Inc., Respondent-Appellant, and New York Congregational Home for the Aged, Respondent, v. Commissioner of New York State Department of Health et al., Appellants-Respondents

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

December 16, 1993


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Victor Paladino and Peter G. Crary of counsel), for appellants-respondents.

Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann and William J. Natbony of counsel), for respondent-appellant.

WEISS, P. J., MERCURE, WHITE and MAHONEY, JJ., concur.


CARDONA, J.

Petitioners are operators of nursing homes participating in the Medicaid reimbursement program and serving Medicaid patients almost exclusively. By this CPLR article 78 proceeding, petitioner Consolation Nursing Home, Inc. (hereinafter Consolation) seeks, inter alia, annulment of its 1988 through 1991 Medicaid reimbursement rates and petitioner New York Congregational Home for the Aged (hereinafter...

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