Beth Israel Medical Center v. Department of Health

Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about May 23, 2003, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78, challenging the rate at which petitioner hospitals were paid under Medicaid according to the statewide case mix for the 1992 through. 1994 rate years, unanimously affirmed, without costs.

Supreme Court correctly found the petition time-barred, notwithstanding the duration of some of petitioners’ administrative appeals. We note initially that, according to petitioners’ pleadings, 59 of petitioner…