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MATTER OF ISABELLA GERIATRIC CENTER, INC. v. NOVELLO

38 A.D.3d 356 (2007)

833 N.Y.S.2d 5

In the Matter of ISABELLA GERIATRIC CENTER, INC., et al., Appellants, v. ANTONIA NOVELLO, as Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided March 20, 2007.

As respondents concede, there is no administrative remedy for challenging the rate-setting methodology of the Department of Health (DOH). Accordingly, the court erred in dismissing the petition on the ground of failure to exhaust administrative remedies. However, the judgment is fully supported by the court's alternate ruling on the merits, and is thus affirmed.

In 2004, DOH notified petitioners and others that in calculating...

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