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N METRO HEALTHCARE v. NOVELLO

4 Misc.3d 394 (2004)

777 N.Y.S.2d 277

In the Matter of NORTHERN METROPOLITAN RESIDENTIAL HEALTHCARE FACILITY, Petitioner, v. ANTONIA C. NOVELLO, M.D., as Commissioner of the New York State Department of Health, et al., Respondents.

Supreme Court, Albany County.

May 14, 2004.

Attorney(s) appearing for the Case

Nixon Peabody, LLP (Mark A. Hartman of counsel), for petitioner.

Eliot Spitzer, Attorney General (Lisa Ullman of counsel), for respondents.

OPINION OF THE COURT

DAN LAMONT, J.

Petitioner brings this proceeding pursuant to CPLR article 78 seeking a judgment reversing, annulling and/or modifying the respondents' administrative determination to recover $366,816 from petitioner in alleged Medicaid overpayments as set forth in a decision after hearing dated February 28, 2003. Respondents have filed an answer in opposition, and petitioner has filed a reply thereto.

Background

Petitioner...

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