MATTER OF SOUTH ISLAND ORTHOPAEDIC GROUP, P.C. v. DiNAPOLI

510690.

88 A.D.3d 1186 (2011)

931 N.Y.S.2d 542

2011 NY Slip Op 7540

In the Matter of SOUTH ISLAND ORTHOPAEDIC GROUP, P.C., Respondent, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Appellants.

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

Decided October 27, 2011.


MERCURE, J.P.

This case presents an issue identical to that before us in Matter of Martin H. Handler, M.D., P.C. v DiNapoli (88 A.D.3d 1187 [decided herewith]). Briefly, petitioner is a nonparticipating provider of medical services under the Empire Plan, the primary health benefits plan for state and local government employees and their dependents. The state contracts with respondent...

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