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HIGHBRIDGE-WOODYCREST CENTER, INC. v. NOVELLO M.D.

304 A.D.2d 363 (2003)

757 N.Y.S.2d 289

HIGHBRIDGE-WOODYCREST CENTER, INC., Appellant, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health of the State of New York, et al., Respondents.

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

Decided April 8, 2003.

Because the Medicaid overpayments to petitioner were the result of a computational error, and not an error in judgment, respondents' retroactive determination to recoup the overpaid funds was not arbitrary and capricious or otherwise unlawful (see Matter of Westledge Nursing Home v Axelrod, 68 N.Y.2d 862, 864-865 [1986]; Matter of Daleview v Axelrod, 62 N.Y.2d 30 [1984]). Nor was the challenged...

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