PORT JEFFERSON HEALTH v. WING


94 N.Y.2d 284 (1999)

726 N.E.2d 449

704 N.Y.S.2d 897

PORT JEFFERSON HEALTH CARE FACILITY et al., Respondents, v. BRIAN WING, as Acting Commissioner of Social Services of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 16, 1999.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Andrew D. Bing, Preeta D. Bansal and Peter H. Schiff of counsel), for appellants.

Hamburger, Maxson & Yaffe, L. L. P., Melville (Richard Hamburger, David N. Yaffe and Lane T. Maxson of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, Wesley and ROSENBLATT concur.


OPINION OF THE COURT

LEVINE, J.

Plaintiffs are 21 for-profit residential health care facilities (RHCFs) located in various parts of the State. They have brought this suit challenging the constitutional validity of assessments of 1.2% and 3.8% on RHCF gross receipts under a statutory scheme whereby those taxes on receipts for the care of Medicaid patients are reimbursed as a recoverable expense of care.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases