Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendants' cross motion to dismiss the complaint on the ground that it was barred by the Statute of Limitations. It is well established that a nursing home may, as here, bring a plenary action in its own right against the agency designated to determine Medicaid eligibility ( see, Pork Ridge Hosp. v. Richardson, 175 A.D.2d 631, affg 147 Misc.2d 283; Long Beach Mem. Nursing Home v. D'Elia, 108 A.D.2d 901; Calvary Hosp. v. D'Elia, 95 A.D.2d 817), and that such an action is not governed by the four-month Statute of Limitations contained in CPLR 217 ( see, SRN Corp. v. Glass, 244 A.D.2d 545; Long Beach Mem. Nursing Home v. D'Elia, supra).
The defendants' remaining contentions are without merit.
Thompson, J.P., Joy, Goldstein and Luciano, JJ., concur.