Grace Plaza of Great Neck v. Axelrod
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered April 16, 1985 in Albany County, which partially granted petitioner’s application upon reargument, in a proceeding pursuant to CPLR article 78, to review respondent Commissioner of Health’s computation of petitioner’s Medicaid reimbursement rate for the period April 1, 1977 through December 31, 1977, and ordered recomputation of said rate.
In accordance with 10 NYCRR former 86-2.28, petitioner computed its total average equity capital in the amount of $319,903 for the time periods in question. Petitioner contends, without contradiction by respondents, that its computation was the fair value of its existing investment in all assets "except land, plant, fixed equipment and improvements thereto”. Petitioner claimed an allowance at a rate of interest reasonably related to the then current money market. That rate, as determined by the Commissioner, was 11% and is not at issue in this case. Although the Commissioner did not challenge the value of total average equity capital as reported by petitioner, he only allowed $20,430 of it to qualify as an inclusion. The remainder was excluded as being representative of the real property equity which, by regulation, was required to be excluded.
As best as we can determine, the Commissioner applied the following methodology. The books of a separate entity, a realty company owned by the same persons as own petitioner, showed a negative equity for petitioner’s real property in the
While it is true that great deference is to be given to the Commissioner’s interpretation of a regulation (see, Matter of Cortlandt Nursing Care Center v Whalen, 46 NY2d 979), it is also axiomatic that an agency is bound by the language of its own regulation and cannot construe it in such a manner that the plain language on the face of the regulation is rendered meaningless (see, Matter of Nekoosa Papers v Chu, 115 AD2d 821, 823; 2 Davis, Administrative Law § 7:21, at 98 [2d ed]). A regulation should be construed in its natural and most obvious sense without resorting to a subtle or forced construction (Matter of Cortland-Clinton, Inc. v New York State Dept. of Health, 59 AD2d 228, 231).
The reason why the Commissioner deviated from the plain language of the regulation is, to us, inscrutable. The result of his methodology is irrational. It begins by assuming that petitioner was possessed of a negative equity in real property which amounted to $128,968. However, the final determination resulted in a finding that the positive net equity in real property was $170,504.95. Thus, the positive net equity in the personal property was reduced from $319,903 to $20,430. The contradictory result of this methodology is that practically all of the total average equity capital value is now assigned to a component which had earlier been deemed a negative amount.
It is quite clear that the Commissioner’s computation does not reflect economic reality and it does not foster any legitimate statutory or policy consideration. It is, at best, a forced construction of the regulation. We agree with Special Term’s observations that: "the commingling of working equity capital with capital attributable to real property ownership is * * *
Judgment affirmed, with costs. Main, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
The regulation was- revised, effective January 1, 1978, and the phrases "net equity capital” and "improvements thereto” were changed to "average equity capital” and "capital improvements thereto” respectively.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.