Legal Opinion

Fahey v. Whalen

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

Decided November 5, 1976PublishedCited by 18 opinions

1Opinion of the Court

Judgment unanimously affirmed, without costs. Memorandum: Appellant is owner and operator of a nursing home. In 1974 respondent department of health conducted an audit of Medicaid payments made to the nursing home in the years 1970 and 1971 pursuant to 10 NYCRR 86.8. Upon completion of the audit it notified appellant of overpayments for those years, totaling $34,988. The notices contained attachments summarizing the disallowed expenses and revised rate computations and advised appellant that he had 30 days to protest the adjustment or submit new data to justify the former rate and that…

2Cases cited6 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
  3. Williams Press v. State of NYNew York Court of Appeals · 1975
  4. Williams Press, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1974
  5. In re the Claim of SotoAppellate Division of the Supreme Court of the State of New York · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  2. Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
  3. Greenwald v. Axelrod (In Re Greenwald)District Court, S.D. New York · 1984
  4. Carlon v. ReganAppellate Division of the Supreme Court of the State of New York · 1984
  5. Bulis v. Di LorenzoAppellate Division of the Supreme Court of the State of New York · 1988

13 more not listed; retrieve them via the Exa API.

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