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MATTER OF MERCY HEALTH & REHAB. CTR., INC. v. DOWLING

233 A.D.2d 901 (1996)

649 N.Y.S.2d 261

In the Matter of Mercy Health and Rehabilitation Center, Inc., Appellant, v. Michael J. Dowling, as Commissioner of Social Services of The State of New York, et al., Respondents

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

November 8, 1996

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed as untimely this CPLR article 78 proceeding challenging respondents' refusal to increase the rate of petitioner's Medicaid reimbursement based upon an error in the data submitted by petitioner that was used to compute the 1983 rate base. The record does not support petitioner's contention that respondents' auditors were aware...

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