| Matter of County of Monroe v Shah |
| 2015 NY Slip Op 04998 [129 AD3d 1505] |
| June 12, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of County of Monroe, Respondent-Appellant, v Nirav R. Shah, Commissioner, New York State Department of Health, et al., Appellants-Respondents. |
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondents-defendants-appellants-respondents.
Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of counsel), Nancy Rose Stormer, P.C., Utica and Bond Schoeneck & King, PLLC, for petitioner-plaintiff-respondent-appellant.
Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Monroe County (William P. Polito, J.), entered July 3, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, annulled respondents-defendants' February 20, 2014 and March 6, 2014 denial of petitioner-plaintiff's reimbursement claims.
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 [appeal No. 1], 126 AD3d 1317 [2015]). Present—Scudder, P.J., Smith, Carni, Lindley and DeJoseph, JJ.