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  5. 217 A.D.2d 623 (1995)
 

MATTER OF CHOICES WOMEN'S MED. CTR., INC. v. McBARNETTE

217 A.D.2d 623 (1995)

629 N.Y.S.2d 781

In the Matter of Choices Women's Medical Center, Inc., Respondent-Appellant, v. Lorna McBarnette, as Executive Deputy 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, Second Department.

July 17, 1995

Ordered that the judgment is modified, on the law and on the facts, by deleting the provisions thereof which granted the petition to the extent of finding that (1) 10 NYCRR part 750 is an additional or expanded program within the meaning of 10 NYCRR 86-4.16 (c) and remitted for an administrative hearing the issue of whether the costs alleged by the petitioner were actually incurred and necessary to its implementation of 10 NYCRR part 750 and (2) remitted for an administrative...

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