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TRS. FUND v. DOH COMMR.

193 A.D.2d 249 (1993)

In the Matter of Trustees of the Masonic Hall and Asylum Fund, 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.

October 28, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Leslie B. Neustadt and Peter G. Crary of counsel), for appellants.

Bondy & Schloss, New York City (Joseph S. Rosenthal and Daniel S. Steinberg of counsel), for respondent.

MIKOLL, J. P., MERCURE, CARDONA and MAHONEY, JJ., concur.

CASEY, J.

At issue on this appeal is whether Supreme Court erred when it directed respondents to recalculate petitioner's Medicaid reimbursement rates from 1987 through 1991 based upon its holding that the rate-making methodology contained in 10 NYCRR 86-2.10 (a) (3), which continued the distinction between a skilled nursing facility (hereinafter SNF) and a health-related facility (hereinafter HRF), violated...

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