Opinion
11-10-2016
In the Matter of COUNTY OF ORLEANS, Petitioner–Plaintiff–Respondent, v. Nira R. SHAH, M.D., M.P.H., Commissioner, New York State Department of Health, and New York State Department of Health, Respondents–Defendants–Appellants.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for respondents-defendants-appellants. Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), and Nancy Rose Stormer, P.C., Utica, for petitioner-plaintiff-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered October 1, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, insofar as appealed from, granted the petition-complaint in part, annulled the determination of respondents-defendants and directed respondents-defendants to allow petitioner-plaintiff's claims for reimbursement.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for respondents-defendants-appellants.
Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), and Nancy Rose Stormer, P.C., Utica, for petitioner-plaintiff-respondent.
It is hereby ORDERED that the judgment insofar as appealed from is unanimously reversed on the law without costs, the 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 ––––, –––N.E.3d ––––, 2016 WL 6270118 [Oct. 27, 2016] ).
SMITH, J.P., CARNI, LINDLEY, and DeJOSEPH, JJ., concur.