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MATTER OF NEW FRANKLIN CENTER FOR REHABILITATION & NURSING v. NOVELLO

64 A.D.3d 1132 (2009)

883 N.Y.S.2d 398

In the Matter of NEW FRANKLIN CENTER FOR REHABILITATION & NURSING, Appellant, v. ANTONIA C. NOVELLO, as Commissioner of Health, et al., Respondents. (Proceeding No. 1.) In the Matter of BAYVIEW NURSING AND REHABILITATION CENTER, LLC, et al., Appellants, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 30, 2009.

Mercure, J.P.

Petitioners in these two CPLR article 78 proceedings are six private residential health care facilities that receive Medicaid reimbursement. They challenge determinations of respondent Commissioner of Health finding them ineligible to receive adjustments to their Medicaid reimbursement rates under Public Health Law § 2808 (18) for the purpose of recruitment and retention of nonsupervisory health care workers.

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