*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 114

CA 14-00926

PRESENT: SMITH, J.P., CARNI, LINDLEY, AND VALENTINO, JJ.

IN THE MATTER OF COUNTY OF JEFFERSON, PETITIONER-PLAINTIFF-RESPONDENT-APPELLANT,

V MEMORANDUM AND 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.

(APPEAL NO. 2.)

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), AND NANCY ROSE STORMER, P.C., UTICA, FOR

PETITIONER-PLAINTIFF-RESPONDENT-APPELLANT. Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered February 27, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, among other things, annulled the determination of respondents-defendants and directed respondents-defendants to allow petitioner-plaintiff’s claims for reimbursement.

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 by 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.

Same memorandum as in Matter of County of Chautauqua v Shah (___ AD3d ____ [Mar. 20, 2015]). Frances E. Cafarell

Entered: March 20, 2015

Clerk of the Court