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2999. IN RE THE BRONX-LEBANON HIGHBRIDGE WOODYCREST CENTER, Petitioner-res-ap, v. RICHARD F. DAINES, M.D., ETC. Respondents-Appellants-res — Eric T. Schneiderman, Attorney General, New York (Eric Del Pozo of counsel), for appellants-res — Garfunkel Wild, P.C., Great Neck (Jason Y. Hsi of counsel), for res-res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 22, 2015, which, to the extent appealed from as limited by the briefs, declared that, for the period at issue, in the formula used to calculate Medicaid reimbursement rates, “patient days” shall not include “reserved bed patient days,” and directed respondent Department of Health (DOH) to recalculate petitioner’s Medicaid reimbursement rate accordingly, and dismissed the third, fourth, fifth, and sixth causes of action, unanimously modified, on the law, to reinstate the third, fifth, and sixth causes of action, to declare, upon the third cause of action, that petitioner is not entitled to an add-on under the federal Omnibus Budget Reconciliation Act of 1987 (OBRA) for the period at issue, and, upon the fifth and sixth causes of action, to annul DOH’s proportional adjustment of Medicaid reimbursements to petitioner on reimbursements that did not derive from prior adjustments pursuant to Public Health Law §2808(2-b) (b) and (g), and to declare that DOH erroneously imposed such proportional adjustments on petitioner, and otherwise affirmed, without costs.

 
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