GMR Living Centers, Inc. v. Novello
Cases that cite this one
6 later published cases cite this decision.
- Gignac v. Paterson (Appellate Division of the Supreme Court of New York 2010)
- Odd Fellow & Rebekah Rehabilitation & Health Care Center, Inc. v. Commissioner of Health (Appellate Division of the Supreme Court of New York 2013)
- Odd Fellow & Rebekah Rehabilitation & Health Care Center, Inc. v. Commissioner of Health (Appellate Division of the Supreme Court of New York 2013)
- Daughters of Sarah Nursing Center, Inc. v. Novello (Appellate Division of the Supreme Court of New York 2010)
- Teresian House Nursing Home Co. v. Commissioner of Health (Appellate Division of the Supreme Court of New York 2010)
- Bilow v. Daines (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Monroe County (Frazee, J.), entered December 7, 2001, seeking, inter alia, to annul the determination sustaining the recomputation of petitioner’s Medicaid reimbursement rate.
It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Petitioner commenced this proceeding seeking, inter alia, to annul the determination made following a hearing sustaining the recomputation of its Medicaid reimbursement rate after a final audit by the New York State Department of Health. As a result of the final audit, petitioner’s interest expenses reported in 1992 and 1993 on a loan providing petitioner with working capital were disallowed. In affirming the determination, respondent found that the loan did not result in any actual cost to petitioner because the 1996 settlement of litigation with the lender resulted in forgiveness of the outstanding debt. Respondent concluded that the audit properly took into account the subsequent settlement in order to correct the reimbursement to reflect petitioner’s actual costs (see 10 NYCRR 86-2.2 [d]).
Contrary to petitioner’s contention, the determination is not erroneous as a matter of law based on respondent’s interpretation of the applicable regulations or respondent’s failure to take into account that, as part of the 1996 settlement, petitioner withdrew its claim against the lender for unliquidated damages based on breach of contract. Respondent’s interpretation of the applicable regulations here is not irrational or unreasonable (see Matter of Taher v Novello, 278 AD2d 809, 810, lv denied 96 NY2d 712) and, indeed, is consistent with the “strong, defined public policy of this State to recover public funds improperly received” (Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 182, rearg denied 66 NY2d 1035, cert
Case-law data current through December 31, 2025. Source: CourtListener bulk data.