*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 58

CA 14-02022

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

IN THE MATTER OF COUNTY OF ORLEANS, PETITIONER-PLAINTIFF-RESPONDENT,

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.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

WHITEMAN OSTERMAN & HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), AND NANCY ROSE STORMER, P.C., UTICA, FOR PETITIONER- PLAINTIFF-RESPONDENT. Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered October 1, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, insofar as appealed from, granted the petition-complaint in part, 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 insofar as appealed from is unanimously reversed on the law without costs, the petition- complaint is denied in its entirety, and judgment is granted 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 ( see Matter of County of Chemung v Shah , ___ NY3d ___ [Oct. 27, 2016]).

Entered: November 10, 2016 Frances E. Cafarell

Clerk of the Court