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MATTER OF BROOKLYN HOSP. CTR. v. SHAH

514632, 514755, 514758, 514759.

101 A.D.3d 1546 (2012)

957 N.Y.S.2d 465

2012 NY Slip Op 9127

In the Matter of BROOKLYN HOSPITAL CENTER, Appellant, v. NIRAV R. SHAH, as Commissioner of Health, et al., Respondents. (Proceeding No. 1.) In the Matter of NASSAU UNIVERSITY MEDICAL CENTER, Appellant, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents. (Proceeding No. 2.) In the Matter of SOUND SHORE MEDICAL CENTER OF WESTCHESTER, Appellant, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents. (Proceeding No. 3.) In the Matter of BETH ISRAEL MEDICAL CENTER, Appellant, v. NIRAV R. SHAH, as Commissioner of Health, et al., Respondents. (Proceeding No. 4.).

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

December 27, 2012.

Mercure, J.P.

Petitioners provide detoxification and medically-supervised withdrawal services to patients who are suffering from alcohol or drug addiction (see Public Health Law § 2807-c [4] [l]; 10 NYCRR 86-1.23 [g]). They commenced these CPLR article 78 proceedings challenging their per diem Medicaid reimbursement rates for the period of December 1, 2008 through December 31, 2009.

Prior to December 1, 2008, respondent Department of Health (hereinafter...

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