New York Court of Appeals, 1986

Blase v. Axelrod

New York Court of Appeals · Decided January 16, 1986

67 N.Y.2d 642; 490 N.E.2d 534; 499 N.Y.S.2d 667; 1986 N.Y. LEXIS 16733

Cases that cite this one

6 later published cases cite this decision.

Manor v. Commissioner of Health (Appellate Division of the Supreme Court of New York 2013)
Manor v. Commissioner of Health (Appellate Division of the Supreme Court of New York 2013)
Martinez v. State Commission on Judicial Conduct (Appellate Division of the Supreme Court of New York 2011)
O'Connor v. Ginsberg (New York Supreme Court 2011)
Twin City Physicians Group, P. C. v. New York State Department of Social Services (Appellate Division of the Supreme Court of New York 1997)
Schaefer v. New York State Employees' Retirement System (Appellate Division of the Supreme Court of New York 1988)

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, with costs to appellants, by vacating so much of the order as enjoined appellants from recouping purported Medicaid over-payments for the years 1973-1979 and compelled appellants to audit respondent’s cost reports for 1981 and 1982 and render a determination within 90 days, and by directing appellants to hold hearings with respect to the cost reports for the years 1973-1979, and except as so modified, the order should be affirmed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169). With respect to its 1981 and 1982 cost reports, respondent has not demonstrated a clear legal right to an audit and determination within 90 days (see, 10 NYCRR 86-2.7 [c]; Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 178, supra), or that such review is a ministerial act mandated by law, and thus mandamus does not lie (see, Matter of Hamptons Hosp. & Med. Center v Moore, 52 NY2d 88, 96).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, with costs to appellants, in accordance with the memorandum herein and, as so modified, affirmed.

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