Fahey v. Axelrod

OPINION OF THE COURT

Edward S. Conway, J.

This is a CPLR article 78 proceeding in which petitioner seeks a judgment reversing the determination of the respondent with reference to petitioner’s 1981 Medicaid reimbursement rate or, alternatively, directing that a hearing be held to *147establish if the October 1972 purchase price for the nursing home in question was bona fide fair and reasonable and should be used to determine the capital cost component of petitioner’s rate for 1981.

Petitioner is the owner and operator of the Castle Rest Nursing Home. The home was acquired in 1966 by the "McKinney”…