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NYCHHC v. MCBARNETTE

84 N.Y.2d 194 (1994)

639 N.E.2d 740

616 N.Y.S.2d 1

New York City Health and Hospitals Corporation, Respondent, v. Lorna McBarnette, as Executive Deputy Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 30, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, New York City (Barbara K. Hathaway and Jerry Boone of counsel), for appellants.

Rosenman & Colin, New York City (Peter F. Nadel, David A. Florman and Allison Sher Arkin of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

This appeal raises the question we left open in New York State Assn. of Counties v Axelrod (78 N.Y.2d 158, 166) (NYSAC): what Statute of Limitations should be applied to declaratory judgment actions brought to challenge promulgated Medicaid reimbursement rates on the ground that they are irrational or affected with error of law. Reaffirming the principles...

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