Holliswood Care Center v. Axelrod

— Casey, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a deter*835mination of respondent which denied petitioner’s Medicaid reimbursement rate appeal.

Petitioner, a residential health care facility located in Queens County, began operating in 1975 as a 320-bed health-related facility (hereinafter HRF). Since it was newly licensed and had no cost history, petitioner’s Medicaid reimbursement rate was determined by reference to the group average rate paid to other comparable facilities based upon size and…