Opinion
11-10-2016
In the Matter of COUNTY OF ONEIDA, Petitioner–Plaintiff–Respondent, v. Nira 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.
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, aned the determinations of respondents-defendants-appellants denying petitioner-plaintiff's claims for reimbursement.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for respondents-defendants-appellants.
All concur except VALENTINO, J., who is not participating.
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, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, 2016 WL 6270118 [Oct. 27, 2016] ).
SCUDDER, P.J., SMITH, LINDLEY, VALENTINO, and WHALEN, JJ., concur.