COUNTY OF MONROE v. KALADJIAN


83 N.Y.2d 185 (1994)

630 N.E.2d 638

608 N.Y.S.2d 942

In the Matter of County of Monroe, on Behalf of Monroe Community Hospital, Respondent, v. Gregory Kaladjian, as Acting Commissioner of the Department of Social Services of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 15, 1994.


Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General Albany (Patrick Barnett-Mulligan, Jerry Boone and Peter H. Schiff of counsel), for appellants.

Charles S. Turner, County Attorney of Monroe County, Rochester (John P. Costello of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur; Judge TITONE taking no part.


SMITH, J.

The issue in this case is whether the Department of Health's (DOH) decision to deny petitioner Monroe County's request, on behalf of its County hospital operation, for additional Medicaid reimbursement due to the difference between petitioner's estimated electric utility costs for 1983, a rate base year, and actual usage in 1990, was arbitrary and capricious.

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