Split Rock Nursing Home v. DeBuono

Appeal from a judgment of the Supreme Court (Kahn, J.), entered March 13, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies.

Petitioner is a residential health care facility (see, 10 NYCRR 86-2.1 [a]) which has been a participating provider of services in the State adult day health care program (see, 10 NYCRR 86-2.9) since 1989. Following receipt of its Medicaid reimbursement rates for 1993, 1994 and 1995, which were based upon the budget it submitted in 1989, petitioner…