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MATTER OF COUNTY OF DELAWARE v. ZUCKER

519940.

146 A.D.3d 1178 (2017)

2017 NY Slip Op 00351

44 N.Y.S.3d 920

In the Matter of COUNTY OF DELAWARE, Respondent, v. HOWARD A. ZUCKER, as Commissioner of Health, et al., Appellants.

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

Decided January 19, 2017.

In the decision on the appeal in this matter, this Court modified Supreme Court's judgment, which, among other things, allowed petitioner to claim reimbursement for pre-2006 Medicaid overburden expenditures pursuant to Social Services Law § 368-a (135 A.D.3d 1260, 1260-1261 [2016]). While we found that Supreme Court erred in holding that the 2012 amendment to the Medicaid Cap Statute, which...

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