Opinion
February 2, 1990
Present — Denman, J.P., Boomer, Green, Pine and Davis, JJ.
Motion for reargument, or in the alternative, for leave to appeal to the Court of Appeals granted to the extent that the second paragraph of the memorandum decision dated November 15, 1989 [ 155 A.D.2d 936] is amended to read as follows: "The Commissioner's determination is not contrary to the stipulation settling the prior administrative appeal. By its terms, the stipulation did not preclude the Commissioner from revising petitioner's peer groupings, did not set final rates for each of the rate years in question. The Commissioner was not barred from further revision of petitioner's rates on a basis which was not involved in the prior appeal and which the stipulation of settlement did not address (cf., Matter of Westledge Nursing Home v Axelrod, 113 A.D.2d 368, 372, revd on other grounds 68 N.Y.2d 862 [held: settlement agreement binds the parties as to the issues settled])."