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WESTMOUNT FACILITY v. BANE

195 A.D.2d 129 (1994)

In the Matter of Westmount Health Facility, Respondent, v. Mary Jo Bane, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

January 20, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Victor Paladino and Peter G. Crary of counsel), for appellants.

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

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

YESAWICH JR., J.

Petitioner, a Warren County governmental residential nursing home, has been a Medicaid program participant since opening its doors in 1981. After conducting a field audit of petitioner's 1981 through 1983 cost reports, the Department of Social Services (hereinafter DSS) issued a final report disallowing, inter alia, amounts petitioner paid into the Warren County self-insurance funds for...

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