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MATTER OF NEW YORK MEDICAL & DIAGNOSTIC CENTER, INC. v. SHAH

2012-07543, Index No. 3842/11.

116 A.D.3d 862 (2014)

984 N.Y.S.2d 383

2014 NY Slip Op 2592

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

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

Decided April 16, 2014.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the petition is denied.

The New York Health Care Reform Act of 1996 (L 1996, ch 639) requires that designated providers of medical services pay a surcharge on payments made for services rendered...

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