Queens-Nassau Nursing Home v. Axelrod

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which approved certain audit disallowances in the promulgation of petitioner’s Medicaid reimbursement rate. The sole issue in this proceeding is whether there is substantial evidence in the record to support respondent’s finding that the lease between petitioner and its landlord is a nonarm’s length transaction. We hold there is and, therefore, dismiss the petition. Sometime in 1972, Herman Greenbaum, the present…