Rye Psychiatric Hospital Center, Inc. v. Surles

—White, J.

Cross appeals from a judgment of the Supreme Court (Kahn, J.), entered November 5, 1993 in Albany County, which partially dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking, inter alia, Medicaid relief based on petitioner’s status as a disproportionate share hospital.

Petitioner is a private psychiatric hospital located in the City of Rye, Westchester County, which participates in the Federal/State Medicaid program (42 USC § 1396 et seq.). To qualify for Federal reimbursement, a State must submit to the Secretary of the Department of Health and…