Holliswood Care Center v. Whalen
Cases that cite this one
23 later published cases cite this decision.
- Tornheim v. Fiala (Appellate Division of the Supreme Court of New York 2016)
- Ahavas Chaverim Gemilas Chesed, Inc. v. Town of Mamakating (Appellate Division of the Supreme Court of New York 2012)
- Ahavas Chaverim Gemilas Chesed, Inc. v. Town of Mamakating (Appellate Division of the Supreme Court of New York 2012)
- Nabi v. Sells (Appellate Division of the Supreme Court of New York 2009)
- New York Foundling Hospital, Inc. v. Novello (Appellate Division of the Supreme Court of New York 2008)
- Government Employees Insurance v. Troisi (Appellate Division of the Supreme Court of New York 1998)
- Bahar v. Schwartzreich (Appellate Division of the Supreme Court of New York 1994)
- Kahal Bnei Emunim & Talmud Torah Bnei Simon Israel v. Town of Fallsburg (Appellate Division of the Supreme Court of New York 1990)
- Commack Roller Rink, Inc. v. Commack Arena Marketing, Inc. (Appellate Division of the Supreme Court of New York 1989)
- Rockaway Care Center v. Axelrod (Appellate Division of the Supreme Court of New York 1987)
- Barone v. City of Buffalo (Appellate Division of the Supreme Court of New York 1987)
- Santola v. Blue Cross/Blue Shield (Appellate Division of the Supreme Court of New York 1986)
- Certified Carpet Cleaning Co. v. St. Paul Fire & Marine Insurance (Appellate Division of the Supreme Court of New York 1985)
- Powers v. General Accident Insurance of America (Appellate Division of the Supreme Court of New York 1985)
- Horn v. International Business Machines Corp. (Appellate Division of the Supreme Court of New York 1985)
- Couture v. Regan (Appellate Division of the Supreme Court of New York 1985)
- Bartlett v. Evans (Appellate Division of the Supreme Court of New York 1985)
- Inc. Village of Ocean Beach v. Stein (Appellate Division of the Supreme Court of New York 1985)
- Martin v. Eagle Hill Foundation, Inc. (Appellate Division of the Supreme Court of New York 1985)
- Sunrest Nursing Home, Inc. v. Whalen (Appellate Division of the Supreme Court of New York 1984)
- Murphy v. Cass (Appellate Division of the Supreme Court of New York 1984)
- In re Greenwald (United States Bankruptcy Court, S.D. New York 1983)
- Warren v. Delaney (Appellate Division of the Supreme Court of New York 1983)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified by declaring the establishment of plaintiff’s 1977 Medicaid reimbursement rate to be valid and, as so modified, affirmed.
As to the 1975 and 1976 reimbursement rates, plaintiff’s action, which was commenced on June 22, 1977, was properly held to be time barred because more than four months from June 25,1976, the date on which the administrative appeal for these years must be deemed to have been determined, had elapsed (Solnick v Whalen, 49 NY2d 224). The post-June 25, 1976 correspondence did not extend the statutory period since it amounted to no more than a request for reconsideration and therefore could not operate to toll the limitations period (Matter of De Milio v Borghard, 55 NY2d 216, 220).
The challenge to the 1977 reimbursement rate, however, is timely. That year’s “rate calculation sheet” was transmitted to the plaintiff by the commissioner on January 24, 1977 and the administrative appeal therefrom was initiated by plaintiff’s protest on February 9, 1977. The com
Nor, as to the 1977 year, is the doctrine of collateral estoppel applicable. The annual reimbursement rate was subject, among other things, to such computational formulae and regulations as might be established for each year. It follows that whether the Statute of Limitations has run against a challenge to the reimbursement rate for a particular year is an issue not precluded by a determination governing a prior one, since, strictly speaking, the underlying issues will not necessarily be the same (People ex rel. Watchtower Bible & Tract Soc. v Haring, 286 App Div 676, 681 [Halpern, J.]).
On the merits, however, the commissioner’s determination that the plaintiff’s lease did not control the allowance for real property cost in computing the 1977 rate was not arbitrary or capricious (Matter of Sigety v Ingraham, 29 NY2d 110, 114). Because the plaintiff’s three principals each had a 3% ownership interest in the realty leased to the facility, it came within the regulation applicable to a “related organization” as to which the commissioner was free to choose between the “cost to the related organization or the market price” (10 NYCRR 86-2.26). We observe that in this instance the regulation which was in effect at the time that the lease was entered into had been repealed before the plaintiff began its operations. In any event, the prior regulation would not be controlling (Matter of White Plains Nursing Home v Whalen, 53 AD2d 926, 927, affd 42 NY2d 838, cert den 434 US 1066).
Finally, we note that, since this is a declaratory judgment action, the Appellate Division should have directed the entry of a declaration in favor of the commissioner rather than dismissal of the complaint (Lanza v Wagner, 11 NY2d 317, 334).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Simons concur; Judge Meyer taking no part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.