MATTER OF COUNTY OF NIAGARA v. DAINES

1440 CA 10-00847.

79 A.D.3d 1702 (2010)

In the Matter of COUNTY OF NIAGARA, Respondent, v. RICHARD F. DAINES, Commissioner, New York State Department of Health, et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2010.


It is hereby ordered that the judgment so appealed from is unanimously modified in the interest of justice by vacating subparagraph (B) of the second decretal paragraph and as modified the judgment is affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to compel respondents to reimburse it for certain Medicaid expenditures known as overburden expenses. According to petitioner, respondents incorrectly billed...

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