IN THE MATTER OF SUNSET NURSING HOME v. DEBUONO


24 A.D.3d 927 (2005)

805 N.Y.S.2d 471

In the Matter of SUNSET NURSING HOME et al., Appellants, v. BARBARA DEBUONO, as Commissioner of Health of the State of New York, et al., Respondents.

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

December 8, 2005.


CREW III, J.

Petitioners, an association of nursing homes and four of its members, commenced the instant CPLR article 78 proceeding challenging determinations of the Department of Health that rejected administrative rate appeals seeking increased Medicaid reimbursement due to increases in real estate taxes and utility costs incurred by petitioners. Supreme Court dismissed the petition and this appeal ensued.

We agree with respondents' contention that the applicable...

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