Brothers of Mercy Nursing & Rehabilitation Center v. DeBuono

Order unanimously reversed on the law without costs and motion denied. Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging respondents’ use of the 1987 Regional Input Price Adjustment Factor (RIPAF) to calculate petitioner’s 1993 through 1996 and future Medicaid reimbursement rates. Following commencement of the proceeding, respondents moved for a change of venue to Albany County, contending that all of the records regarding Medicaid reimbursement rates are in Albany, as are the personnel who made the reimbursement rate determinations. Supreme Court granted the…