Board of Monroe Community Hospital v. Ingraham

In this article 78 proceeding, the petitioners seek, in essence, a judgment directing one of the respondents, the Commissioner of the Department of Health of the State of New York (herein commissioner) to establish a new medical reimbursement rate for the skilled nursing facility of the Monroe Community Hospital. The respondents, in lieu of an answer, have cross-moved for an order dismissing the petition.

At this stage of the proceeding the allegations of the petition must be treated as true. The Monroe Community Hospital is a publicly supported institution located in Rochester, New York for…