MATTER OF SRETER v. AXELROD

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified, with costs to appellants, by vacating so much thereof as enjoined appellants from recouping purported Medicaid overpayments for the years 1970-1973 and remitted the matter to the Commissioner of Health to determine the amount of repayment, and by directing appellants to hold a hearing in accordance with the governing regulations (10 N.Y.CRR 86-2.7 et seq.), and, as so modified, affirmed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 N.Y.2d 169).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.