New York Court of Appeals March 28, 1995 (Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health)

OPINION OF THE COURT

Per Curiam.

Petitioners are nursing homes and a representative organization of nursing homes, which participate in the State’s Medicaid reimbursement program. In separate CPLR article 78 proceedings, they challenged respondent Commissioner’s 1989 promulgation and application of a regulation (10 NYCRR 86-2.