Majority
p. 864In the Matter of Susan Sreter, Doing Business as Nassau Nursing Home, Respondent, v David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. Decided March 27, 1986
p. 865
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for appellants.
Howard D. Stave for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the
p. 866
Rules of the Court of Appeals (22 NYCRR 500.4), order modified, with costs to appellants, by vacating so much thereof as enjoined appellants from recouping purported Medicaid over-payments for the years 1970-1973 and remitted the matter to the Commissioner of Health to determine the amount of repayment, and by directing appellants to hold a hearing in accordance with the governing regulations (10 NYCRR 86-2.7 et seq.), and, as so modified, affirmed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169 ).
Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.
Cases cited
- Cortlandt Nursing Home v. Axelrod 66 NY2d 169 p. 866