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MATTER OF CAMERON TRANSP. CORP. v. NEW YORK STATE DEPT. OF HEALTH

293 CA 20-00499.

197 A.D.3d 884 (2021)

153 N.Y.S.3d 266

2021 NY Slip Op 04811

In the Matter of Cameron Transport Corp., Respondent, v. New York State Department of Health et al., Appellants.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

ROSCETTI & DECASTRO, P.C., NIAGARA FALLS ( JAMES C. ROSCETTI OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Whalen, P.J., Lindley, Curran and DeJoseph, JJ.

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, a transportation provider enrolled in the Medicaid program, commenced this CPLR article 78 proceeding seeking, inter alia, to compel respondents, New York State Department of Health and Office of Medicaid Inspector General (OMIG), to discontinue withholding Medicaid...

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