Rockaway Care Center v. Axelrod

— Casey, J.

Appeal from a judgment of the Supreme Court (Prior, Jr., J.), entered November 3, 1986 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as barred by collateral estoppel.

Since the decisive issue raised in this CPLR article 78 proceeding to review respondents’ final determination, which denied petitioner’s Medicaid reimbursement rate appeal for the 1982 rate year, has not previously been litigated in any forum, Supreme Court erred in holding that this proceeding was barred under the doctrine of collateral…