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MTR CORTLANDT v. AXELROD

99 A.D.2d 105 (1984)

In the Matter of Cortlandt Nursing Home, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants. (Proceeding No. 1.) In the Matter of King Street Home, Inc., Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants. (Proceeding No. 2.) In the Matter of Highland Nursing Home, Inc., Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants, et al., Respondent. (Proceeding No. 3.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 2, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and William J. Kogan of counsel), for appellants.

O'Connell & Aronowitz, P. C. (Cornelius D. Murray of counsel), for respondents.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

WEISS, J.

We hold today that while the six-year time limitation in CPLR 213 does not bar State actions to recoup alleged Medicaid overpayments taken wholly within the administrative process, such actions may, nevertheless, properly be enjoined when an inordinate amount of time has elapsed between the alleged overpayments and the commencement of recoupment.

In these consolidated CPLR article 78 proceedings...

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