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MATTER OF KATHERINE LUTHER CORPORATION v. WING

272 A.D.2d 975 (2000)

708 N.Y.S.2d 656

In the Matter of KATHERINE LUTHER CORPORATION, Respondent, v. BRIAN J. WING, as Acting 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 May 10, 2000.

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition alleging that the New York State Department of Social Services acted in violation of 10 NYCRR 86-2.15 former (c) by completing an audit of petitioner's Medicaid reimbursement rates while petitioner's rate appeal was pending with the New York State Department of Health pursuant to 10 NYCRR 86-2.13 (a). 10 NYCRR 86-2.15 does...

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