Cabrini Medical Center v. Axelrod

Mikoll, J. (dissenting in part and concurring in part). I respectfully dissent in part and concur in part. In my view, the determination fixing the effective date of any rate revision as June 18, 1982 is a binding, final determination upon petitioner and any further administrative appeal on that issue would have been futile. There is no dispute over the "audit data” and the computation to be made as a result thereof. In such circumstances, judicial review through a CPLR article 78 proceeding is appropriate (see, Solnick v Whalen, 49 NY2d 224, 231-232; Watergate II Apts. v Buffalo Sewer Auth.,…