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MATTER OF WESTMOUNT HEALTH FACILITY v. COMM'R OF THE NEW YORK STATE DEP'T OF HEALTH

205 A.D.2d 991 (1994)

613 N.Y.S.2d 965

In the Matter of Westmount Health Facility, Respondent-Appellant, v. Commissioner of the New York State Department of Health et al., Appellants-Respondents

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

June 30, 1994

White, J.

Petitioner, an operator of a nursing home facility located in Warren County that participates in the Medicaid reimbursement program, commenced this CPLR article 78 proceeding on September 30, 1991 challenging several aspects of its 1981 through 1991 Medicaid rates, in particular, the disallowance by the Department of Health (hereinafter DOH) of certain project costs and its utilization of petitioner...

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