MATTER OF BROTHERS OF MERCY NURSING AND REHABILITATION CENTER v. DEBUONO


292 A.D.2d 775 (2002)

740 N.Y.S.2d 170

In the Matter of BROTHERS OF MERCY NURSING AND REHABILITATION CENTER, Respondent, v. BARBARA A. DEBUONO, as Commissioner of New York State Department of Health, et al., Appellants.

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

Decided March 15, 2002.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner, a not-for-profit nursing facility, commenced this CPLR article 78 proceeding seeking to annul the determination of its Medicaid reimbursement rates for the years 1993 through 1997. Petitioner challenged a component of its rates known as the 1987 "Regional Input Price Adjustment...

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