MATTER OF BELLEVUE MATERNITY HOSP., INC. v. McBARNETTE


203 A.D.2d 769 (1994)

610 N.Y.S.2d 669

In the Matter of Bellevue Maternity Hospital, Inc., Appellant, v. Lorna McBarnette, as Executive Deputy Commissioner of The Department of Health of the State of New York, Respondent

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

April 21, 1994


Casey, J.

Petitioner, an investor-owned hospital located in Schenectady County, requested an adjustment in its hospital reimbursement rates to reflect the increased expenses which resulted from the change in the sales tax in Schenectady County in 1989 from 4% to 7%. Respondent denied the request upon the ground that Department of Health regulations did not provide for an adjustment due to an increase in the local sales tax. After exhausting administrative...

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