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SIGNATURE HEALTH v. HEVESI

13 Misc.3d 1189 (2006)

822 N.Y.S.2d 835

In the Matter of SIGNATURE HEALTH CENTER, LLC, Petitioner, v. ALAN G. HEVESI, as New York State Comptroller, Respondent.

Supreme Court, Albany County.

May 8, 2006.

Attorney(s) appearing for the Case

Rohan, Rosenstein & Burgess, LLC, Albany, and Tenzer & Lunin, LLP, New York City, for petitioner.

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

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

In this CPLR article 78 proceeding, petitioner, Signature Health Center, LLC, which operates a diagnostic and treatment center, has challenged the respondent Comptroller's authority to conduct a postpayment audit of payments received under the State's Medicaid program. Petitioner's basic thesis is that the Comptroller lacks either constitutional or statutory authority...

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