Legal Opinion

Fahey v. Perales

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 1988PublishedCited by 5 opinions

1Opinion of the CourtMercure, J.

Appeal from a judgment of the Supreme Court (Connor, J.), entered August 17, 1987 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, inter alia, annul respondent’s determination of an overpayment of Medicaid reimbursements.

Petitioner, operator of Castle Rest Nursing Home in Onondaga County, a participant in the Medicaid program, alleges that he received written notice of a rate audit in 1981 for the base years 1975 through 1978. An entrance conference, field work and an exit conference followed and, dissatisfied with the initial audit…

2Cases cited4 opinions

  1. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  2. Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
  3. Clove Lakes Nursing Home v. WhalenNew York Court of Appeals · 1978
  4. White Plains Nursing Home v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. Warren & Washington Industrial Development Agency v. Village of Hudson Falls Board of HealthAppellate Division of the Supreme Court of the State of New York · 1990
  2. Fahey v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989
  3. Matter of Pascazi v. New York State Bd. of Law ExaminersAppellate Division of the Supreme Court of the State of New York · 2017
  4. Beechwood Sanitarium v. PeralesAppellate Division of the Supreme Court of the State of New York · 1990
  5. North Shore University Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1994

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