New York Ass'n of Homes & Services for the Aging, Inc. v. Commissioner of New York State Department of Health

Crew III, J. (dissenting).

Simply stated, I am not persuaded that petitioners have met their heavy burden of demonstrating that the recalibration regulation " 'is so lacking in reason for its promulgation that it is essentially arbitrary’ ” (New York State Assn. of Counties v Axelrod, 78 NY2d 158, 166, quoting Matter of Marburg v Cole, 286 NY 202, 212). Indeed, my review of the record leads me to conclude that the subject regulation is entirely reasonable and, therefore, I respectfully dissent.

As noted in the majority opinion, respondents identified four factors responsible for the increase in…