| Matter of County of Oneida v Shah |
| 2016 NY Slip Op 07544 [144 AD3d 1600] |
| November 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of County of Oneida, Respondent, v Nirav R. Shah, M.D., M.P.H., Commissioner, New York State Department of Health, et al., Appellants, et al., Defendants. (Appeal No. 2.) |
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondents-defendants-appellants.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered July 28, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, annulled the determinations of respondents-defendants-appellants denying petitioner-plaintiff's claims for reimbursement.
It is hereby ordered that the judgment so appealed from is reversed on the law without costs, the second amended 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, — NY3d &mdash, 2016 NY Slip Op 07043 [2016]).
All concur except Valentino, J., who is not participating. Present—Scudder, P.J., Smith, Lindley, Valentino and Whalen, JJ.