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STATE OF NEW YORK v. PHILIP MORRIS INCORPORATED

263 A.D.2d 400 (1999)

693 N.Y.S.2d 36

STATE OF NEW YORK et al., Respondents, v. PHILIP MORRIS INCORPORATED et al., Respondents. CITY OF NEW YORK et al., Appellants; NASSAU COUNTY et al., Respondents.

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

Decided July 15, 1999.

Given the competing interests involved, allocation of the Master Settlement Agreement funds on a 60/40 population/ Medicaid spending basis is not unfair or unreasonable (see, Weinberger v Kendrick, 698 F.2d 61, 73, cert denied sub nom. Lewy v Weinberger, 464 U.S. 818). Concerning the procedural challenges to the approval process, appellants' claims that there was a rush to judgment are unconvincing inasmuch as each had at one...

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