Legal Opinion

Astor Gardens Health Care Center, Inc. v. Novello

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

Decided April 10, 2003PublishedCited by 6 opinions

1Opinion of the CourtKane, J.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 23, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pur*962suant to CPLR article 78, to, inter alia, vacate audits conducted by the Department of Health.

Petitioner, while operating a nursing home, received Medicaid payments through the Department of Health (hereinafter DOH). Pursuant to regulations, DOH began auditing petitioner’s semiannual patient review instruments (hereinafter PRIs) for September 1994, to verify petitioner’s Medicaid reimbursement rates. In February 1996, petitioner…

2Cases cited5 opinions

  1. Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
  2. Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
  3. Puff v. JorlingAppellate Division of the Supreme Court of the State of New York · 1992
  4. Elcor Health Services, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  5. Sylcox v. ChassinAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by6 opinions

  1. Matter of Park Manor Rehabilitation and Health Care Center, LLC v. ShahAppellate Division of the Supreme Court of the State of New York · 2015
  2. Visiting Nurse Service of New York Home Care v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004
  3. Concourse Nursing Home v. StateAppellate Division of the Supreme Court of the State of New York · 2003
  4. D'Agostino v. DiNapoliNew York Supreme Court · 2009
  5. Matter of Dry Harbor Nursing Home v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2019

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