MATTER OF AVENUE NURSING HOME AND REHABILITATION CENTRE v. SHAH

516272

112 A.D.3d 1178 (2013)

977 N.Y.S.2d 774

2013 NY Slip Op 8488

In the Matter of AVENUE NURSING HOME AND REHABILITATION CENTRE et al., Appellants-Respondents, v. NIRAV SHAH, as Commissioner of Health, Respondent-Appellant. (Proceeding No. 1.) In the Matter of ABSOLUT CENTER FOR NURSING AND REHABILITATION AT AURORA PARK, LLC, et al., Appellants-Respondents, v. NIRAV SHAH, as Commissioner of Health, Respondent-Appellant. (Proceeding No. 2.)

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

Decided December 19, 2013.


Garry, J.

Cross appeals from two judgments of the Supreme Court (McGrath, J.), entered June 19, 2012 in Albany County, which, among other things, partially granted petitioners' applications, in two proceedings pursuant to CPLR article 78, to annul determinations of the Department of Health adjusting petitioners' Medicaid reimbursement rates.

Pursuant to Public Health Law article 28, residential health care facilities, also known as nursing homes, are reimbursed...

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