Schwartzberg v. Whalen

OPINION OF THE COURT

Mahoney, P. J.

Petitioners were the licensed operators of two nursing homes located in The Bronx. Their operating certificates for these two facilities were revoked by the Department of Health (department) on September 7, 1978 and the respondent commissioner was appointed involuntary receiver by Supreme Court order entered February 14, 1979. By letter dated June 18, 1979, the department advised petitioners that their appeals requesting higher Medicaid reimbursement rates for past years had been denied. Petitioners responded on July 25, 1979 by requesting a rate review…