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HOMES FOR AGING v. COMMR.

212 A.D.2d 163 (1995)

628 N.Y.S.2d 976

In the Matter of New York Association of Homes and Services for the Aging, Inc., et al., Respondents-Appellants, 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 22, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Victor Paladino and Peter G. Crary of counsel), for appellants-respondents.

Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for respondents-appellants.

CARDONA, P. J., and YESAWICH JR., J., concur with MIKOLL, J.; CREW III, J., dissents in a separate opinion; CASEY, J., dissents in another separate opinion.

MIKOLL, J.

Petitioners are associations representing the interests of various not-for-profit and county-owned nursing homes located throughout the State. Respondent Department of Health (hereinafter DOH) promulgated in 1985 (effective January 1, 1986) a new method for calculating nursing home Medicaid reimbursement rates (the Long Term Care Case Mix Reimbursement System). Pursuant to this plan each facility...

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