Rossi v. Axelrod

Appeal from a judgment of the Supreme Court (Kahn, J.), entered October 23, 1990 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for, inter alia, failure to timely take an administrative appeal.

Petitioner operates two residential health care facilities participating in the Medicaid program. Petitioner’s Medicaid reimbursement rates for the rate periods 1976 through 1981, at issue in this proceeding, were computed by the Department of Health (hereinafter DOH) on the basis of financial and statistical data supplied by…