Justice Edward Spain
In 1991 the Health Department granted the Ruby Weston Manor (RWM) a certificate of need for a 280-bed nursing home. Several years later, RWM began operations conditioned on compliance with its 40-bed phase-in schedule. Revised certificates in 1999, 2000 and 2001 certified RWM to operate 240 beds. In March 2011 RWM sought recalculation of Medicaid reimbursement based on its 240-bed capacity for 2001 through 2010. Its subsequent combined Article 78 proceeding and declaratory judgment action sought mandamus to compel the department’s recalculation of rates. In January 2012 supreme court dismissed RWM’s proceeding for failure to exhaust administrative remedies. Because RWM’s rate appeal was pending, there was no final administrative determination to review. Third Department affirmed. On Feb. 1, 2013, the department denied RWM’s rate appeal on the merits. Thus RWM’s appeal of the dismissal of its special proceeding seeking mandamus to compel was moot. Further, supreme court properly dismissed the declaratory judgment portion of RWM’s complaint for nonexhaustion. RWM failed to show that waiting for the department to decide its rate appeal "would have been futile or would have caused irreparable injury."
