Legal Opinion

Teresian House Nursing Home Co. v. Commissioner of Health

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

Decided February 25, 2010PublishedCited by 4 opinions

1Opinion of the CourtMercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Health which established petitioner’s Medicaid reimbursement rates for 1998 through 2003.

Petitioner is the owner and operator of a residential health care facility that underwent significant physical expansion, the first phase of which occurred from 1997 to 1998. In order to finance that expansion, petitioner borrowed funds via the issuance of tax-exempt bonds by the Dormitory Authority of the State of New York…

2Cases cited5 opinions

  1. Westledge Nursing Home v. AxelrodNew York Court of Appeals · 1986
  2. New York Foundling Hospital, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2008
  3. GMR Living Centers, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  4. Jarrett v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
  5. Eger Health Care Center, Inc. v. McBarnetteAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by4 opinions

  1. DMN Management Services, LLC v. DainesAppellate Division of the Supreme Court of the State of New York · 2010
  2. Matter of Jewish Home & Infirmary of Rochester, Inc. v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2026
  3. Odd Fellow & Rebekah Rehabilitation & Health Care Center, Inc. v. Commissioner of HealthAppellate Division of the Supreme Court of the State of New York · 2013
  4. Odd Fellow & Rebekah Rehabilitation & Health Care Center, Inc. v. Commissioner of HealthAppellate Division of the Supreme Court of the State of New York · 2013

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