Cabrini Medical Center v. Axelrod

— Per Curiam.

Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered September 19, 1985 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Health, and directed respondents to recompute petitioner’s 1973 Blue Cross rate for the last six months of that year.

The issue here is whether respondent Blue Cross and Blue Shield of Greater New York (Blue Cross) was required to include a community service factor in computing petitioner’s reimbursement rate for the second…