SIGNATURE HEALTH CENTER, LLC v. STATE OF NEW YORK


42 A.D.3d 678 (2007)

840 N.Y.S.2d 191

SIGNATURE HEALTH CENTER, LLC, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 107802.) (And Another Related Claim.)

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

Decided July 12, 2007.


Mugglin, J.

Claimant's April 2003 CPLR article 78 proceeding in the nature of mandamus resulted in a judgment dated June 19, 2003 directing the Department of Health to publish claimant's revised Medicaid rates. Contemporaneously therewith, claimant filed a claim against defendant for damages flowing from the refusal of the Department of Health to publish claimant's revised Medicaid rates. Following dismissal of the claim as jurisdictionally defective for failure to...

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