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MATTER OF ELDERWOOD AT AMHERST v. ZUCKER

528 CA 19-00643.

188 A.D.3d 1568 (2020)

134 N.Y.S.3d 591

2020 NY Slip Op 06585

In the Matter of Elderwood at Amherst, Respondent, v. Howard A. Zucker, M.D., as Commissioner of New York State Department of Health, et al., Appellants.

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

Decided November 13, 2020.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the Administrative Law Judge (ALJ), made after a hearing, affirming the determination of the New York State Office of the Medicaid Inspector General (OMIG) after a final audit of Medicaid claims paid to petitioner. Specifically...

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