Ellis Hospital v. McBarnette

Appeal from a judgment of the Supreme Court (Doran, J.), entered May 4, 1992 in Schenectady County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the amended petition as untimely.

This matter involves the Medicaid reimbursement rates for alternate level of care (hereinafter ALC) patients1 established by respondent Department of Health (hereinafter DOH) for petitioner for the 1986 and 1987 rate years. The methodology for the computation of these rates is set forth in Public Health Law § 2807-a and the implementing regulations (10 NYCRR 86-1 et seq.).…