Legal Opinion

Blase v. Axelrod

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1989PublishedCited by 5 opinions

1Opinion of the Court

— Mahoney, P. J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application to modify its Medicaid reimbursement rate.

Petitioner is a physician who operates the University Heights Nursing Home (hereinafter the Home), which is a 200-bed nursing home in Albany County. The Home’s Medicaid reimbursement rates for 1983, 1984 and 1985 are based on its 1981 reported costs. A ceiling for these costs is established by the Department of Health, which averages the…

2Cases cited4 opinions

  1. Jewish Memorial Hospital v. WhalenNew York Court of Appeals · 1979
  2. MATTER OF LARSEN v. CanaryNew York Court of Appeals · 1985
  3. Samaritan Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
  4. Cabrini Medical Center v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. Masonic Hall & Asylum Fund v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1992
  2. Eden Park Management., Inc. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989
  3. Field Home-Holy Comforter v. Commissioner of the New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1994
  4. Montefiore Medical Center v. ChassinAppellate Division of the Supreme Court of the State of New York · 1994
  5. Parker Jewish Geriatric Institute v. McBarnetteAppellate Division of the Supreme Court of the State of New York · 1994

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