JEWISH HOME v. COMMR. OF DOH


84 N.Y.2d 252 (1994)

640 N.E.2d 125

616 N.Y.S.2d 458

In the Matter of Jewish Home and Infirmary of Rochester, New York, Inc., Respondent, v. Commissioner of New York State Department of Health et al., Appellants. In the Matter of New York Association of Homes and Services for the Aging, Inc., Respondent, v. Commissioner of New York State Department of Health et al., Appellants.

Court of Appeals of the State of New York.

Decided June 30, 1994.


Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Victor Paladino, Jerry Boone and Peter H. Schiff of counsel), for appellants in the first above-entitled proceeding.

Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for respondent in the first above-entitled proceeding.

G. Oliver Koppell, Attorney-General, Albany (Victor Paladino, Jerry Boone and Peter H. Schiff of counsel), for appellants in the second above-entitled proceeding.

Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for respondent in the second above-entitled proceeding.

Lori R. Levinson, New York City, for the Greater New York Hospital Association, amicus curiae, in the second above-entitled proceeding.

Judges SIMONS, SMITH and CIPARICK concur with Judge TITONE; Judge LEVINE dissents and votes to reverse in a separate opinion in which Chief Judge KAYE and Judge BELLACOSA concur.


TITONE, J.

These appeals have arisen in the aftermath of our 1991 decision in New York State Assn. of Counties v Axelrod (NYSAC) (78 N.Y.2d 158), in which we struck down a 1987 Medicaid nursing home reimbursement rate adjustment on the ground that it was not rationally based. The new question raised by the present appeals is...

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