MATTER OF PINEGROVE MANOR II, LLC v. DAINES

2009-03413.

72 A.D.3d 1096 (2010)

902 N.Y.S.2d 566

In the Matter of PINEGROVE MANOR II, LLC, Respondent, v. RICHARD F. DAINES et al., Appellants.

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

Decided April 27, 2010.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The petitioner is the owner and operator of a skilled nursing home and certified Medicaid service provider. Following an audit conducted to calculate the petitioner's Medicaid reimbursement rates for July 1, 2007, through March 31, 2008, the New York State Department of Health (hereinafter the DOH) made...

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