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MATTER OF SISTERS OF CHARITY HOSPITAL v. DAINES

CA 10-02018.

84 A.D.3d 1757 (2011)

922 N.Y.S.2d 903

In the Matter of SISTERS OF CHARITY HOSPITAL, Respondent, v. RICHARD F. DAINES, M.D., Commissioner of Health, State of New York, et al., Appellants.

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

Decided May 6, 2011.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination calculating its Medicaid reimbursement rates for the period from January 1985 through August 2009 following an administrative appeal without a hearing. Supreme Court granted the petition and remitted the matter for a hearing...

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