Sigety v. Axelrod

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of *986the Commissioner of Health which sustained the 1980 Medicaid reimbursement rate allowed petitioner.

Petitioner, a residential health care facility, disagreed with the Department of Health’s determination of petitioner’s 1980 per diem Medicaid reimbursement rate. The 1980 reimbursement rate was based on petitioner’s operations and financial condition in 1978 as provided for by sections 2807 and 2808 of the Public Health Law. At…