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NEW YORK MED. v. SHAH

3842/11.

36 Misc.3d 556 (2012)

941 N.Y.S.2d 460

2012 NY Slip Op 22052

In the Matter of NEW YORK MEDICAL & DIAGNOSTIC CENTER, INC., Petitioner, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of Health of the State of New York, et al., Respondents.

Supreme Court, Queens County.

March 5, 2012.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, Lake Success ( Sarah C. Lichtenstein of counsel), for petitioner. Eric T. Schneiderman , Attorney General, New York City ( Anna M. Hehenberger of counsel), for respondents.

OPINION OF THE COURT

HOWARD G. LANE, J.

The court, sua sponte, recalls its memorandum decision dated February 7, 2012 and issues this memorandum decision in its place.

In this CPLR article 78 proceeding petitioner New York Medical & Diagnostic Center, Inc. seeks a judgment declaring respondents' interpretation of Public Health Law § 2807-j null and void to the extent that respondents relied upon a six-year statute of limitations in order...

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