Eger Health Care Center, Inc. v. McBarnette

Appeal from a judgment of the Supreme Court (Conway, J.), entered February 6, 1992 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination by respondent Commissioner of Health establishing petitioner’s 1991 Medicaid reimbursement rate.

Petitioner is a residential health care facility located in Staten Island and a participant in the Medicaid program. On or about November 1, 1990, petitioner received notification of its 1991 Medicaid reimbursement rate from the Department of Health (hereinafter DOH). In calculating…