*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 657

CA 14-01888

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ. IN THE MATTER OF COUNTY OF MONROE, PETITIONER-PLAINTIFF-RESPONDENT-APPELLANT,

V ORDER NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER,

NEW YORK STATE DEPARTMENT OF HEALTH, AND

NEW YORK STATE DEPARTMENT OF HEALTH,

RESPONDENTS-DEFENDANTS-APPELLANTS-RESPONDENTS.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS-RESPONDENTS. WHITEMAN OSTERMAN & HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), NANCY ROSE STORMER, P.C., UTICA, AND BOND SCHOENECK & KING, PLLC, FOR PETITIONER-PLAINTIFF-RESPONDENT-APPELLANT. Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Monroe County (William P. Polito, J.), entered July 3, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, annulled respondents- defendants’ February 20, 2014 and March 6, 2014 denial of petitioner- plaintiff’s reimbursement claims.

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 [appeal No. 1], 126 AD3d 1317).

Entered: June 12, 2015 Frances E. Cafarell

Clerk of the Court