| Matter of Baywood, LLC v Office of the Medicaid Inspector General |
| Motion No: 2019-01859 |
| Slip Opinion No: 2019 NY Slip Op 67296(U) |
| Decided on April 5, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M261591
E/afa
ALAN D. SCHEINKMAN, P.J.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-01859 In the Matter of Baywood, LLC, etc., appellant, v Office of the Medicaid Inspector General, et al., respondents. (Index No. 80080/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the respondents, or anyone acting on their behalf, from enforcing or sanctioning it, collecting any alleged prior Medicaid overpayments to it, withholding any current or future Medicaid payments from it, or noticing any administrative appeal hearing, arising out of or relating to a certain Final Audit Report dated June 27, 2018, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated January 29, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the respondents, or anyone acting on their behalf, from enforcing or sanctioning the appellant, collecting any alleged prior Medicaid overpayments to the appellant, withholding any current or future Medicaid payments from the appellant, or noticing any administrative appeal hearing, arising out of or relating to the Final Audit Report dated June 27, 2018, is granted, and the respondents, or anyone acting on their behalf, are stayed from enforcing or sanctioning the appellant, collecting any alleged prior Medicaid overpayments to the appellant, withholding any current or future Medicaid payments from the appellant, or noticing any administrative appeal hearing, arising out of or relating to the Final Audit Report dated June 27, 2018, pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 6, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 6, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied as unnecessary.
SCHEINKMAN, P.J., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court