Opinion
472 CA 14-01405
05-01-2015
IN THE MATTER OF COUNTY OF ONEIDA, PETITIONER-PLAINTIFF-RESPONDENT, v. 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), NANCY ROSE STORMER, P.C., UTICA, AND BOND SCHOENECK & KING, PLLC, FOR PETITIONER-PLAINTIFF-RESPONDENT.
PRESENT: , CARNI, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.
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.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.
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.
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).
Entered: May 1, 2015
Frances E. Cafarell
Clerk of the Court