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MATTER OF FAXTON SUNSET-ST. LUKE'S SKILLED NURSING FACILITY, INC. v. DOWLING

233 A.D.2d 865 (1996)

649 N.Y.S.2d 287

In the Matter of Faxton Sunset-St. Luke's Skilled Nursing Facility, Inc., Doing Business as Heritage Home, Respondent, v. Michael J. Dowling, as Commissioner of Social Services of State of New York, et al., Appellants

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

November 8, 1996

Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted the petition challenging respondents' determination recalculating petitioner's Medicaid reimbursement rate and directing recoupment of overpayments made for the 1987 and 1988 rate years. The record establishes that the reimbursement rates for those years were determined in accordance with applicable Department of Health regulations (see, 10 NYCRR 86-2.10 [b] [1] [i...

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