Westhampton Nursing Home v. Whalen

— Appeal from a judgment of the Supreme Court at Special Term, entered July 14, 1977 in Albany County, which treated the proceeding brought by the petitioner pursuant to CPLR article 78 as an action for a declaratory judgment, and dismissed the petition. Petitioner is a licensed residential health care center facility participating in the Medicaid program, a joint Federal-State grant-in-aid program, established pursuant to subchapter 19 of the Federal Social Security Act (US Code, tit 42, subdch 19, § 1396 et seq.). In order to participate, petitioner executed a "Provider Agreement” with New…