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MATTER OF BROS. OF MERCY NURSING & REHAB. CTR. v. DeBUONO

237 A.D.2d 907 (1997)

654 N.Y.S.2d 921

In the Matter of Brothers of Mercy Nursing and Rehabilitation Center, Appellant, v. Barbara Ann DeBuono, as Commissioner of New York State Department of Health, et al., Respondents

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

March 14, 1997

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding challenging respondents' use of the 1987 Regional Input Price Adjustment Factor (RIPAF) to calculate petitioner's 1993 through 1996 and future Medicaid reimbursement rates. Following commencement of the proceeding, respondents moved for a change of venue to Albany County, contending that all of the records regarding Medicaid...

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