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MATTER OF WAYNE CENTER FOR NURSING & REHABILITATION, LLC v. ZUCKER

531459, 531621.

197 A.D.3d 1409 (2021)

153 N.Y.S.3d 666

2021 NY Slip Op 04999

In the Matter of Wayne Center for Nursing and Rehabilitation, LLC, et al., Appellants, v. Howard A. Zucker, as Commissioner of Health, et al., Respondents. (Proceeding No. 1.). In the Matter of Richmond Center for Rehabilitation and Specialty Healthcare et al., Appellants, v. Howard A. Zucker, as Commissioner of Health, et al., Respondents. (Proceeding No. 2.).

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

Decided September 16, 2021.

Attorney(s) appearing for the Case

Garfunkel Wild, PC, Great Neck ( Jason Hsi of counsel), for appellants in proceeding No. 1.

Hinman Straub PC, Albany ( David B. Morgen of counsel), for appellants in proceeding No. 2.

Letitia James , Attorney General, Albany ( Kathleen M. Treasure of counsel), for respondents.

Egan Jr., Lynch and Pritzker, JJ., concur.

Petitioners in these two proceedings are specialty residential health care facilities that are licensed by respondent Department of Health (hereinafter DOH) and provide specialized care and treatment for certain types of patients. These appeals involve challenges to petitioners' 2018 and 2019 per diem Medicaid reimbursement rates as...

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