St. Johnland Nursing Center, Inc. v. Commissioner of Health

Appellate Division of the Supreme Court of New York

St. Johnland Nursing Center, Inc. v. Commissioner of Health

11 A.D.3d 547, 782 N.Y.S.2d 820, 2004 N.Y. App. Div. LEXIS 11977

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 2004

StatusPublished

This text of 11 A.D.3d 547 (St. Johnland Nursing Center, Inc. v. Commissioner of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. Johnland Nursing Center, Inc. v. Commissioner of Health, 11 A.D.3d 547, 782 N.Y.S.2d 820, 2004 N.Y. App. Div. LEXIS 11977 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding pursuant to CELR article 78 to review a determination of the State of New York Department of Health dated November 1, 2001, which denied the petitioner’s request for a new cost-based Medicaid reimbursement rate, the petitioner appeals from (1) a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated February 5, 2003, which denied the petition and dismissed the proceeding, and (2) an order of the same court dated June 18, 2003, which denied its motion for leave to renew and reargue the petition.

Ordered that the appeal from so much of the order as denied that branch of the motion which was for leave to reargue is dismissed, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The determination of the State of New York Department of Health (hereinafter DOH) that renovations to the petitioner’s facility were not substantial enough for it to be considered a “new facility” under applicable DOH regulations, and thereby entitling it to complete “rebasing” for the purpose of calculating its Medicaid reimbursement rate, was not arbitrary and capricious (see 10 NYCRR 86-2.15 [a] [1]; Matter of Pell v Board of Educ., 34 NY2d 222, 230-231 [1974]; cf. Matter of Mount Loretto Nursing Home v Chassin, 235 AD2d 663, 664 [1997] [involved “moving into a new, larger structure with additional bed capacity”]).

In addition, the Supreme Court providently denied that branch of the petitioner’s motion which was for leave to renew, as it was not supported by new or additional facts (see LaRosa v [548]*548Trapani, 271 AD2d 506 [2000]; cf. Hasmath v Cameb, 5 AD3d 438 [2004]).

The petitioner’s remaining contentions are without merit. Altman, J.P., Florio, Mastro and Fisher, JJ., concur. "

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In a proceeding pursuant to CELR article 78 to review a determination of the State of New York Department of Health dated November 1, 2001, which denied the petitioner’s request for a new cost-based Medicaid reimbursement rate, the petitioner appeals from (1) a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated February 5, 2003, which denied the petition and dismissed the proceeding, and (2) an order of the same court dated June 18, 2003, which denied its motion for leave to renew and reargue the petition.

Ordered that the appeal from so much of the order as denied that branch of the motion which was for leave to reargue is dismissed, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The determination of the State of New York Department of Health (hereinafter DOH) that renovations to the petitioner’s facility were not substantial enough for it to be considered a “new facility” under applicable DOH regulations, and thereby entitling it to complete “rebasing” for the purpose of calculating its Medicaid reimbursement rate, was not arbitrary and capricious (see 10 NYCRR 86-2.15 [a] [1]; Matter of Pell v Board of Educ., 34 NY2d 222, 230-231 [1974]; cf. Matter of Mount Loretto Nursing Home v Chassin, 235 AD2d 663, 664 [1997] [involved “moving into a new, larger structure with additional bed capacity”]).

In addition, the Supreme Court providently denied that branch of the petitioner’s motion which was for leave to renew, as it was not supported by new or additional facts (see LaRosa v [548]*548Trapani, 271 AD2d 506 [2000]; cf. Hasmath v Cameb, 5 AD3d 438 [2004]).

The petitioner’s remaining contentions are without merit. Altman, J.P., Florio, Mastro and Fisher, JJ., concur. "

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Bluebook (online)

11 A.D.3d 547, 782 N.Y.S.2d 820, 2004 N.Y. App. Div. LEXIS 11977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-johnland-nursing-center-inc-v-commissioner-of-health-nyappdiv-2004.

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