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STATE v. UZZILLIA

156 A.D.2d 261 (1989)

State of New York, Respondent, v. Barbara L. Uzzillia, Individually and Doing Business as Barbara Lucille Nursing Home, Appellant

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

December 19, 1989

In this proceeding to recover Medicaid overpayments, based upon a final determination of the New York State Department of Health, the cause of action accrued not when payments were individually made, but only upon the final agency determination. We hold that the cause of action accrued only at that time because until either the Department's audit or, if challenged by a nursing care provider, until the administrative final order...

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