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JEWISH HOME v. HEALTH COMMR.

190 A.D.2d 197 (1993)

In the Matter of Jewish Home and Infirmary of Rochester, New York, Inc., Respondent, v. Commissioner of the New York State Department of Health et al., Appellants

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

May 13, 1993

Attorney(s) appearing for the Case

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

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

MIKOLL, J. P., YESAWICH JR. and CREW III, JJ., concur.

MERCURE, J.

In June 1985, petitioner commenced operation of a nursing home consisting of a 188-bed skilled nursing facility (hereinafter SNF) and a 174-bed health related facility (hereinafter HRF) in the City of Rochester, Monroe County. A participant in the Medicaid program, petitioner brought this CPLR article 78 proceeding in October 1991 to challenge its Medicaid...

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