Legal Opinion

Park Nursing Home v. Whalen

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

Decided November 30, 1978PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term, entered May 5, 1977 in Albany County, which granted a motion by plaintiff for a preliminary injunction restraining the Commissioner of Health from further recouping alleged overpayments from current Medicaid payments until plaintiff was afforded a due process hearing. Plaintiff nursing home is a participant in the Medicaid program. Following an audit made in 1975, it was determined that various overpayments were made to plaintiff for the years 1969 through 1974. By a letter dated May 25, 1976, plaintiff was advised of projected…

2Cases cited5 opinions

  1. Clove Lakes Nursing Home v. WhalenNew York Court of Appeals · 1978
  2. Bradley v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
  3. Demisay v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
  4. Solnick v. WhalenAppellate Division of the Supreme Court of the State of New York · 1978
  5. Portnick v. WhalenAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by5 opinions

  1. Siddiqui v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1986
  2. Klein v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1981
  3. Hartman v. WhalenAppellate Division of the Supreme Court of the State of New York · 1979
  4. Crane v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1982
  5. Siddiqui v. New York State Department of Social ServicesNew York Supreme Court · 1984

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