Society of New York Hospital v. Axelord

Order, Supreme Court, Westchester County (Peter P. Rosato, J.), entered April 15, 1988, which dismissed petitioner’s CPLR article 78 proceeding seeking to annul a determination by respondent, David Axelrod, setting petitioner’s Medicaid reimbursement rates for psychiatric day/night (PDN) services for rate years 1981 through 1985, is unanimously modified, on the law and the facts, to vacate the dismissal of petitioner’s article 78 proceeding, to reinstate the petition and to remand the matter to the respondents for a determination on the reasonableness of the use of 1972 cost data in…