Legal Opinion

Brothers of Mercy Nursing & Rehabilitation Center v. DeBuono

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

Decided March 15, 2002PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of Supreme Court, Erie County (Kane, J.), entered November 15, 2000, which granted the petition and, inter alia, annulled the determination of its Medicaid reimbursement rates for the years 1993 through 1997.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner, a not-for-profit nursing facility, commenced this CPLR article 78 proceeding seeking to annul the determination of its Medicaid reimbursement rates for the years 1993…

2Cases cited18 opinions

  1. New York City Transit Authority v. BeazerSupreme Court of the United States · 1979
  2. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
  3. In re Sigety v. IngrahamNew York Court of Appeals · 1971
  4. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
  5. Burlington Northern Railroad v. FordSupreme Court of the United States · 1992

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3Cited by3 opinions

  1. Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
  2. State v. DenninAppellate Division of the Supreme Court of the State of New York · 2005
  3. Big Apple Ice Cream, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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