Birnbaum v. State

OPINION OF THE COURT

Thomas P. McMahon, J.

The instant claim for legal and accounting fees has a long and tortured history.1 At the time of his death on February 13, 1976, Bernard P. Birnbaum was the State-licensed operator of the Abbott Manor Nursing Home in Buffalo. Abbott Manor’s operations were not profitable, and Mr. Birnbaum’s estate sought either to renegotiate its rate of Medicaid reimbursement from the State or to shut down operations completely. It was unsuccessful on both counts. The State obtained a temporary restraining order September 5, 1976 requiring *404Abbot Manor to remain open;…