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MATTER OF GLEN ISLAND CARE CENTER v. NOVELLO

11 A.D.3d 612 (2004)

783 N.Y.S.2d 637

In the Matter of GLEN ISLAND CARE CENTER, Appellant, v. ANTONIA NOVELLO et al., Respondents.

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

October 18, 2004.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court correctly dismissed the petitioner's claim that the respondent New York State Department of Health (hereinafter the DOH) improperly reduced the 1987 rate of return on equity component of the petitioner's Medicaid reimbursement formula. Rate-setting actions of the Commissioner of the DOH, being quasi-legislative in nature, may not...

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