County of Monroe v. Kaladjian

Boomer, J. P., and Pine, J. (dissenting).

We respectfully dissent and would dismiss the petition. Contrary to the determination of Supreme Court, the denial of petitioner’s reappeal was not arbitrary and capricious and was in accordance with the Public Health Law and the regulations of the Department. The determination was correct both procedurally and substantively.

After the Department of Health certified petitioner’s 1991 Medicaid rate, petitioner filed an appeal stating as one of the bases "Increase in Utility Cost.” It explained that "[u]pdating and modernizing of electric systems has…