Queens Boulevard Extended Care Facility, Inc. v. Whalen

In an action, inter alia, for a judgment declaring the manner in which the defendants performed an audit of the plaintiffs patient review instrument and the resulting Medicaid reimbursement rate violated federal and state law and that the resulting medicaid reimbursement rate was null and void, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated July 16, 2003, which denied its motion for partial summary judgment and granted the defendant’s cross motion for summary judgment.

Ordered that the order is affirmed, with costs, and the matter is remitted to the…