Opinion
December 8, 1977
Appeal from a judgment of the Supreme Court at Special Term, entered December 16, 1976 in Albany County, which converted plaintiffs' article 78 proceeding into an action for declaratory judgment, declared certain Medicaid reimbursement rates established by defendant null and void, and remanded the matter to defendant for further proceedings. We are constrained to reverse the judgment of Special Term and dismiss the petition under the authority of Matter of Bradley v Whalen ( 58 A.D.2d 664) and Matter of Park Crescent Nursing Home v Whalen ( 55 A.D.2d 801, app dsmd 42 N.Y.2d 975). (See, also, Demisay v Whalen, 59 A.D.2d 444. ) Judgment reversed, on the law, and petition dismissed, without costs. Greenblott, J.P., Main, Larkin, Mikoll and Herlihy, JJ., concur.