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NAZARETH HOME v. NOVELLO

7 N.Y.3d 538 (2006)

858 N.E.2d 1131

825 N.Y.S.2d 426

In the Matter of NAZARETH HOME OF THE FRANCISCAN SISTERS et al., Appellants, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health of State of New York, et al., Respondents.

Court of Appeals of New York.

Decided October 24, 2006.

Attorney(s) appearing for the Case

Harter, Secrest & Emery LLP, Rochester (Thomas G. Smith and Carol L. O'Keefe of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Victor Paladino, Caitlin J. Halligan, Daniel Smirlock and Nancy A. Spiegel of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

READ, J.

Petitioners in this CPLR article 78 proceeding are 62 nursing homes operating in western New York, which are reimbursed by the State of New York under its Medical Assistance Plan (Medicaid) for medical services provided to the indigent. On this appeal, petitioners claim that the Medicaid reimbursement that they have received since 2004 is nowhere near their legitimate actual costs...

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