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GOOD SAMARITAN HOSP v. DOH

2011-32813

45 Misc.3d 844 (2014)

996 N.Y.S.2d 463

2014 NY Slip Op 24197

GOOD SAMARITAN HOSPITAL MEDICAL CENTER INC., as Operator of the GOOD SAMARITAN NURSING HOME, et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

Supreme Court, Suffolk County.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Ward Greenberg Heller & Reidy LLP, Rochester ( Thomas S. D'Antonio , and William R. Leinen , of counsel), for petitioners.

Eric T. Schneiderman , Attorney General, Hauppauge ( Patricia M. Hingerton , of counsel), for respondents.

OPINION OF THE COURT

JEFFREY ARLEN SPINNER, J.

It is ordered that the application of petitioners is hereby denied in all respects.

Petitioners move this court for an order, pursuant to article 78 of the CPLR, annulling respondents' determination, dated June 20, 2011, and petitioners' rates set thereby; directing respondents Department of Health (DOH) and Shah to delete all reserved bed days from the calculation of petitioners' Medicaid rates, as...

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