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MATTER OF NORTHERN METROPOLITAN RESIDENTIAL HEALTHCARE FACILITY, INC. v. NOVELLO

508157.

72 A.D.3d 1383 (2010)

899 N.Y.S.2d 410

In the Matter of NORTHERN METROPOLITAN RESIDENTIAL HEALTHCARE FACILITY, INC., Appellant, v. ANTONIA C. NOVELLO, as Commissioner of Health, et al., Respondents.

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

Decided April 22, 2010.

Spain, J.P.

In December 1987, respondent Department of Health (hereinafter DOH) gave approval for petitioner to establish an adult day-care program. In June 1988, petitioner submitted an overall anticipated budget and, in January 1989, based on the estimated costs provided, DOH approved the budget and promulgated a Medicaid reimbursement rate for the program (see 10 NYCRR 86-2.9 [b]). Petitioner's proposed budget included estimated annual transportation costs...

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