IN THE MATTER OF HARRY'S NURSES REGISTRY, INC. V NEW YORK STATE OFFICE OF MEDICAID INSPECTOR GENERAL (OMIG), NEW YORK
Motion No: TP 24-01100
Slip Opinion No: 2024 NY Slip Op 74326(U)
Decided on September 9, 2024
Appellate Division, Fourth 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.


September 9, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

TP 24-01100

IN THE MATTER OF HARRY'S NURSES REGISTRY, INC., PETITIONER,

V

NEW YORK STATE OFFICE OF MEDICAID INSPECTOR GENERAL (OMIG),

NEW YORK STATE DEPARTMENT OF HEALTH, BUREAU OF

ADJUDICATION, JOHN HARRIS TEREPKA, BUREAU OF ADJUDICATION

ADMINISTRATIVE LAW JUDGE AND NEW YORK STATE DEPARTMENT OF

HEALTH, RESPONDENTS.


Petitioner having moved for leave to file a second amended petition pursuant to CPLR 3025 in the proceeding transferred to this Court by order of the Supreme Court, Monroe County, entered June 28, 2024, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to file a second amended complaint is denied, and

It is further ORDERED that the motion insofar as it seeks to exclude evidence and representations made by respondents is denied, and

It is further ORDERED that the motion to extent it seeks extensions of the briefing deadlines is granted on the condition that petitioner files its brief in accordance with this Court's rules on or before October 10, 2024, and

It is further ORDERED that if petitioner so files its brief, respondent shall file its brief in accordance with this Court's rules on or before November 8, 2024.

Entered: September 9, 2024

Ann Dillon Flynn

Clerk of the Court