MATTER OF ADIRONDACK HEALTH-UIHLEIN LIVING CTR. v. SHAH

1232 CA 13-02197.

125 A.D.3d 1366 (2015)

In the Matter of ADIRONDACK HEALTH-UIHLEIN LIVING CENTER et al., Respondents, v. NIRAV R. SHAH, M.D., Commissioner of Health, State of New York, et al., Appellants.

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

Decided February 6, 2015.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and those parts of the amended petition seeking to prohibit respondents-defendants from enforcing 10 NYCRR 86-2.40 (m) (10) are dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to compel respondents to reimburse them for Medicaid payments owed to them pursuant to 10 NYCRR 86-2.40 (m) (10), and challenging "the legality and...

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