MATTER OF ST. LAWRENCE v. DAINES

510088.

81 A.D.3d 212 (2011)

917 N.Y.S.2d 330

In the Matter of COUNTY OF ST. LAWRENCE, Respondent, v. RICHARD DAINES, as Commissioner of Health, et al., Appellants.

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

Decided January 27, 2011.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for appellants.

Whiteman, Osterman & Hanna, L.L.P., Albany ( Christopher E. Buckey of counsel), for respondent.

MALONE JR., STEIN, McCARTHY and EGAN JR., JJ., concur.


OPINION OF THE COURT

PETERS, J.P.

Petitioner submitted five sets of claims to respondent Department of Health (hereinafter DOH) for reimbursement of certain Medicaid expenditures, known as overburden expenses, made by petitioner prior to January 2006. At the time the expenditures were made, DOH was obligated to reimburse petitioner for those expenses (see Social Services Law § 368-a [1] [h])....

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