IN THE MATTER OF SPANO v. NOVELLO


13 A.D.3d 1006 (2004)

788 N.Y.S.2d 205

In the Matter of ANDREW J. SPANO, as County Executive of the County of Westchester, et al., Respondents-Appellants, v. ANTONIA C. NOVELLO, as Commissioner of Health, et al., Appellants-Respondents.

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

December 30, 2004.


Mugglin, J.

The Department of Health and Human Services (hereinafter HHS) conducted audits for the years 1984 through 1991 for reimbursement claims submitted by New York for inpatient hospital services provided at two hospitals located in Westchester County — St. Vincent's Hospital and Medical Center and New York Hospital, Westchester Division. The audits concluded that New York was not entitled to federal financial participation for services provided at these...

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