MATTER OF COUNTY OF MONROE v. AXELROD


125 A.D.2d 981 (1986)

In the Matter of County of Monroe, on Behalf of Monroe Community Hospital, Respondent, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, et al., Appellants

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

December 19, 1986


Judgment unanimously reversed, on the law, without costs, proceeding converted to one for mandamus, and respondents directed to conduct an administrative hearing, in accordance with the following memorandum: Special Term, relying upon Matter of Cortlandt Nursing Home v Axelrod (99 A.D.2d 105), permanently enjoined respondents from recouping Medicaid reimbursement overpayments based upon the over 10-year delay between the time such...

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