| Matter of County of Genesee v Shah |
| 2015 NY Slip Op 03667 [128 AD3d 1380] |
| May 1, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of County of Genesee, Respondent, v Nirav R. Shah, M.D., M.P.H., Commissioner, New York State Department of Health, et al., 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 of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered May 22, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, directed respondents-defendants to pay petitioner-plaintiff's claims for reimbursement of overburden expenditures.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the petition-complaint in its entirety and granting judgment 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, and as modified the judgment is affirmed without costs (see Matter of County of Chautauqua v Shah, 126 AD3d 1317 [2015]). Present—Smith, J.P., Carni, Lindley, Sconiers and DeJoseph, JJ.