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CHARLES P. SITRIN NURSING HOME CO., INC. v. McBARNETTE

198 A.D.2d 579 (1993)

603 N.Y.S.2d 345

Charles P. Sitrin Nursing Home Company, Inc., Respondent, v. Lorna S. McBarnette, as Acting Commissioner of Health, et al., Appellants

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

November 4, 1993

Casey, J.

Petitioner, the operator of a nursing home located in Oneida County, commenced this proceeding to annul its Medicaid reimbursement rates for the 1987 through 1991 rate years on the ground that the recalibration regulation (see, 10 NYCRR former 86-2.31) applied by the Department of Health (hereinafter DOH) is arbitrary and capricious (see, New York State Assn. of Counties v Axelrod...

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