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DMN MGT. SERVS. LLC v. DAINES

506805.

79 A.D.3d 37 (2010)

911 N.Y.S.2d 199

In the Matter of DMN MANAGEMENT SERVICES, LLC, Doing Business as CAPITAL LIVING AND REHABILITATION CENTERS, et al., Respondents, v. RICHARD DAINES, as Commissioner of Health, Appellant.

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

Decided November 4, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, Albany ( Kate H. Nepveu of counsel), for appellant.

O'Connell & Aronowitz, Albany ( Cornelius D. Murray of counsel), for respondents.

MERCURE, J.P., MALONE JR., McCARTHY and EGAN JR., JJ., concur.

OPINION OF THE COURT

GARRY, J.

Petitioners, limited liability companies who own and operate several residential health care facilities, participate in the Medicaid program (see 42 USC § 1396 et seq.; Social Services Law § 363 et seq.) and are prospectively reimbursed by the Department of Health for property and capital costs based on cost reports submitted by the facilities for a prior base period (see Public Health...

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