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BUFFALO COLUMBUS HOSP. v. AXELROD

127 A.D.2d 987 (1987)

Buffalo Columbus Hospital, Respondent, v. David Axelrod, as Commissioner of State of New York Department of Health, et al., Appellants

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

February 27, 1987

Judgment unanimously modified on the law and as modified affirmed with costs to petitioner, in accordance with the following memorandum:

The judgment, except the paragraph adjudging that respondents must pay interest from July 1, 1981, is affirmed for reasons stated in the memorandum decision at Special Term (Rath, J.). Since there is no statutory authority for an award of interest on wrongly withheld Medicaid funds, it was improper to direct respondents to pay interest...

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