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N. SHORE HOSP. v. DOH COMMR.

190 A.D.2d 494 (1993)

In the Matter of North Shore University Hospital Center for Extended Care and Rehabilitation, Appellant, v. 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.

July 1, 1993

Attorney(s) appearing for the Case

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

Robert Abrams, Attorney-General, Albany (Patrick Barnett-Mulligan and Peter H. Schiff of counsel), for respondents.

MIKOLL, J. P., MERCURE, CREW III and HARVEY, JJ., concur.

YESAWICH JR., J.

Petitioner, a 250-bed nursing home located on the same Nassau County campus as its sponsor, North Shore University Hospital, began operations in April 1989. In establishing petitioner's initial Medicaid reimbursement rate, respondents employed the methodology set out in 10 NYCRR former 86-2.15,1 whereby the direct cost component of the rate for a new facility is...

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