Trustees of the Masonic Hall & Asylum Fund v. Commissioner of the New York State Department of Health

—Casey, J.

Appeal from a judgment of the Supreme Court (Williams, J.), entered July 27, 1992 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to inter alia, annul petitioner’s 1987 through 1991 Medicaid reimbursement rates.

Respondents contend that Supreme Court erred in holding that 10 NYCRR 86-2.31 (a), promulgated in December 1991, could not be applied to petitioner’s Medicaid reimbursement rates for the period 1989 through 1991. We reject this contention in light of recent case law from this Court which holds that application of the…