Opinion
1008/15 CA 14-02138
11-10-2016
IN THE MATTER OF COUNTY OF ONEIDA, PETITIONER-PLAINTIFF-RESPONDENT, v. NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-DEFENDANTS-APPELLANTS, ET AL., RESPONDENTS-DEFENDANTS. (APPEAL NO. 2.)
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.
PRESENT:
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered July 28, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, annulled the determinations of respondents-defendants-appellants denying petitioner-plaintiff's claims for reimbursement.
It is hereby ORDERED that the judgment so appealed from is reversed on the law without costs, the second amended petition-complaint is denied in its entirety, and judgment is granted in favor of respondents-defendants as follows:
It is ADJUDGED AND DECLARED that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional (see Matter of County of Chemung v Shah, ___ NY3d ___ [Oct. 27, 2016]).
All concur except Valentino, J., who is not participating.
Entered: November 10, 2016
Frances E. Cafarell
Clerk of the Court