Mary Imogene Bassett Hospital v. Axelrod

Yesawich, Jr., 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 Department of Health which established petitioner’s 1982 Medicaid reimbursement rate.

The facts presented in this proceeding are virtually identical to those in Matter of Bassett Hosp. v Axelrod (156 AD2d 826), except that in the case at hand petitioner challenges respondent Department of Health’s Medicaid reimbursement rate for 1982 rather than 1983, and the procedural posture of the two proceedings differs…