MATTER OF MARTIN LUTHER NURSING HOME, INC. v. DOWLING


277 A.D.2d 940 (2000)

716 N.Y.S.2d 252

In the Matter of MARTIN LUTHER NURSING HOME, INC., 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.

Decided November 13, 2000.


Judgment unanimously reversed on the law without costs and respondents granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul a notice of rate change and intent to recoup an alleged overpayment of Medicaid reimbursement funds for rate years 1989 through 1992 and to enjoin any future efforts to recoup overpayments based upon a...

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