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MATTER OF BETH ISRAEL MED. CTR. v. NEW YORK STATE OFF. OF MEDICAID INSPECTOR GEN.

Index No. 158412/20. Appeal No. 1019M-4070. Case No. 2022-03821.

221 A.D.3d 446 (2023)

198 N.Y.S.3d 64

2023 NY Slip Op 05678

In the Matter of Beth Israel Medical Center, Petitioner, v. New York State Office of Medicaid Inspector General et al., Respondents.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Albany ( Daniel J. Hurteau and Erik A. Goergen of counsel), for petitioner.

Letitia James , Attorney General, New York ( Blair J. Greenwald of counsel), for respondents.

Harris Beach PLLC, Uniondale ( Roy Breitenbach and Christine D. Vasconcellos of counsel), for amici curiae.

Concur—Manzanet-Daniels, J.P., Oing, Scarpulla, Rodriguez, Higgitt, JJ.

Determination of respondent Department of Health (DOH), dated April 24, 2020, which, upheld the final audit report of respondent New York State Office of Medical Inspector General (OMIG), after a hearing, that petitioner received overpayments of Medicaid reimbursements totaling $7,745,764, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Carol R. Edmead...

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