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In the Matter of New Surfside Nursing Home, LLC, et al., Appellants,v.Richard F. Daines,, et al., Respondents.

Brief

25 Cited authorities

  1. Kurcsics v. Merchants Mut

    49 N.Y.2d 451 (N.Y. 1980)   Cited 618 times
    In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.

  2. In re Best Payphones v. Dept. of Info. Tech.

    5 N.Y.3d 30 (N.Y. 2005)   Cited 244 times   1 Legal Analyses
    Recognizing a policy reason for abbreviated time frames applicable to CPLR article 78 proceedings that "the operation of government agencies should not be unnecessarily clouded by potential litigation"

  3. Matter of Field Delivery Serv

    66 N.Y.2d 516 (N.Y. 1985)   Cited 378 times
    Stating that agency decision "which neither adheres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious"

  4. Association of Counties v. Axelrod

    78 N.Y.2d 158 (N.Y. 1991)   Cited 195 times

    Argued April 30, 1991 Decided June 27, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Paul Cheeseman, J. Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony for appellant. Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents. Cornelius D. Murray and David M. Cherubin for New York State Health Facilities Association, Inc., amicus curiae. Susan C. Waltman for the Greater New York

  5. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health

    85 N.Y.2d 326 (N.Y. 1995)   Cited 107 times
    In Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health (85 N.Y.2d 326, 332), the Court of Appeals stated that "Although documented studies often provide support for an agency's rule making, such studies are not the sine qua non of a rational determination * * * 'the commissioner, of course, is not confined to factual data alone but also may apply broader judgmental considerations based upon the expertise and experience of the agency he heads' (see, Matter of Catholic Med. Ctr. v. Department of Health, 48 N.Y.2d 967, 968-969)."

  6. Ferreira v. Wyckoff Heights Medical Center

    81 A.D.3d 587 (N.Y. App. Div. 2011)   Cited 58 times
    In Ferreira v. Wyckoff Heights Medical Center, 81 A.D.3d 587 (2d Dept. 2011), the Second Department reaffirmed the principle that the doctrine of judicial estoppel will be applied when a party has secured a judgment in his or her favor by adopting the prior position, and then has sought to assume a contrary position simply because his interests have changed.

  7. Prisco v. State of N.Y

    62 A.D.3d 978 (N.Y. App. Div. 2009)   Cited 59 times

    No. 2008-04720. May 26, 2009. In a claim, inter alia, to recover damages for injury to property, the claimant appeals from an order of the Court of Claims (Ruderman, J.), dated April 8, 2008, which granted the defendant's motion to dismiss the claim pursuant to Court of Claims Act §§ 10 and 11. Robinson Brog Leinwand Greene Genovese Gluck P.C., New York, N.Y. (John D. D'Ercole and Roger A. Raimond of counsel), for appellant. Andrew M. Cuomo, Attorney General, New York, N.Y. (Peter H. Schiff and Michael

  8. Morenz v. Wilson-Coker

    415 F.3d 230 (2d Cir. 2005)   Cited 65 times
    Holding that back payments authorized under 42 U.S.C. § 1396a are only ancillary to prospective relief and "[do] not run afoul of the Eleventh Amendment"

  9. In Matter of Elcor Health Svcs. Inc. v. Novello

    100 N.Y.2d 273 (N.Y. 2003)   Cited 68 times
    In Elcor, the Court of Appeals determined that the Public Health Law supported the actual improvement standard, which would encourage "efficiently and economically operated facilities" (Public Health Law § 2807) by allowing reimbursement only for those patients who were properly provided restorative therapy, and, as a result, showed actual improvement.

  10. Nazareth Home v. Novello

    2006 N.Y. Slip Op. 7600 (N.Y. 2006)   Cited 58 times

    No. 124. Argued September 14, 2006. Decided October 24, 2006. APPEAL, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered September 30, 2005. The Appellate Division affirmed a judgment of the Supreme Court, Erie County (Kevin M. Dillon, J.), which dismissed the petition in a proceeding pursuant to CPLR article 78 challenging petitioners' Medicaid reimbursement rates. The following question was certified by the Appellate

  11. Section 86-2.10 - Computation of basic rate

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.10   Cited 82 times
    Explaining that a new operator's failure to file timely cost reports results in two-percent reimbursement rate penalty under section 86-2.2(c)

  12. Section 86-2.30 - Residential health care facilities patient assessment for certified rates

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.30   Cited 16 times
    Relating to PRIs

  13. Section 86-2.11 - Adjustments to direct component of the rate

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.11   Cited 7 times

    (a) Payments for 1986 and subsequent rate years for the direct component of the rate as defined in section 86-2.10(c) of this Subpart shall be adjusted periodically as described in this section to reflect changes in the case mix of facilities. (b) Facilities shall report to the department changes in patient case mix as follows: (1) Full reassessments. Facilities shall, on a schedule to be established by the department, assess all their patients semiannually and submit patient review instruments pursuant