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MATTER OF CITY OF NY v. WING

94 N.Y.2d 466 (2000)

727 N.E.2d 860

706 N.Y.S.2d 371

In the Matter of CITY OF NEW YORK, Respondent-Appellant, v. BRIAN J. WING, as Acting Commissioner of the New York State Department of Social Services, et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided March 30, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Daniel Smirlock, Preeta D. Bansal, Peter H. Schiff and Nancy A. Spiegel of counsel), for appellants-respondents.

Michael D. Hess, Corporation Counsel of New York City (Linda H. Young, Pamela Seider Dolgow and Lawrence M. Martin of counsel), for respondent-appellant.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

This is a longstanding fiscal controversy between the State and City of New York. It devolves to which of these entities is ultimately responsible for bearing the cost of Federal recoupment of millions of dollars of child foster care aid that was the subject of Federal audits finding substantial case mismanagement by the City. Large sums of money were disallowed by the Federal...

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