Legal Opinion

Bay Park Center for Nursing & Rehabilitation v. Shah

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 2013Published

1Opinion of the Court

Rose, J.P.

Cross appeals from an order of the Supreme Court (Teresi, J.), entered July 3, 2012 in Albany County, which, among other things, partially granted defendant’s motion for, among other things, summary judgment dismissing the second amended complaint.

Plaintiffs are profit-making business enterprises operating nursing homes that participate in the Medicaid program. They commenced this declaratory judgment action to challenge the constitutionality of certain reductions in Medicaid reimbursement rates and changes in rate-setting methodology enacted in 2011. Following joinder of issue,…

2Cases cited13 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Raynor v. Landmark ChryslerNew York Court of Appeals · 2011
  3. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2009
  4. New York State Health Facilities Ass'n v. AxelrodNew York Court of Appeals · 1991
  5. Shattenkirk v. FinnertyAppellate Division of the Supreme Court of the State of New York · 1983

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