128 A.D.3d 1381
N.Y. App. Div.
2015

In the Matter of County of Oneida, Respondent, v Nirav R. Shah, M.D., M.P.H., Commissioner, New York State Department of Health, et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department

May 8, 2015

128 AD3d 1381 | 6 NYS3d 510

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered March 14, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, among other things, directed respondents-defendants to pay petitioner-plaintiff‘s pending claims for reimbursement in the amount of $3,123,878.56.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the petition-complaint in its entirety and granting judgment in favor of respondents-defendants as follows:

It is adjudged and declared that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional, and as modified the judgment is affirmed without costs (see Matter of County of Chautauqua v Shah, 126 AD3d 1317 [2015]).

Present —Smith, J.P., Carni, Lindley, Sconiers and DeJoseph, JJ.