CONSOLATION HOME v. DOH COMMR


85 N.Y.2d 326 (1995)

648 N.E.2d 1326

624 N.Y.S.2d 563

In the Matter of Consolation Nursing Home, Inc., Respondent, et al., Petitioner, v. Commissioner of New York State Department of Health et al., Appellants. In the Matter of New York State Health Facilities Association, Inc. et al., Respondents, v. David Axelrod, as Commissioner of Health of State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 28, 1995.


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Victor Paladino, Jerry Boone, Peter H. Schiff and Victoria A. Graffeo of counsel), for appellants in the first and second above-entitled proceedings.

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

Harter, Secrest & Emery, Rochester (Thomas G. Smith, Carol L. O'Keefe and Ross P. Lanzafame of counsel), for respondents in the second above-entitled proceeding.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in Per Curiam opinion.


Per Curiam.

Petitioners are nursing homes and a representative organization of nursing homes, which participate in the State's Medicaid reimbursement program. In separate CPLR article 78 proceedings, they challenged respondent Commissioner's 1989 promulgation and application of a regulation (10 NYCRR 86-2.10 [c] [3] [l] [1]; and [d] [4] [ii] [a], collectively termed "the base price reduction regulation") that reduced...

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