JEWISH HOME AND INFIRMARY OF ROCHES V NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE OFFICE OF THE MEDICAID
Motion No: TP 25-01248
Slip Opinion No: 2025 NY Slip Op 74454(U)
Decided on August 11, 2025
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.


August 11, 2025

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

TP 25-01248

JEWISH HOME AND INFIRMARY OF ROCHES, PETITIONER,

V

NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE OFFICE

OF THE MEDICAID INSPECTOR GENERAL, JAMES V. MCDONALD, IN

HIS CAPACITY AS COMMISSIONER OF THE NEW YORK STATE

DEPARTMENT OF HEALTH, AND FRANK T. WALSH, JR., IN HIS

OFFICIAL CAPACITY AS ACTING MEDICAID INSPECTOR GENERAL,

RESPONDENTS.


Petitioner having moved for an order permitting oral argument on the proceeding transferred to this Court by order of Supreme Court, Monroe County, entered April 14, 2024, on the ground that the petition raises issues that are not subject to substantial evidence review,

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 is denied without prejudice as premature and, with leave to renew the request in a new motion subsequent to the filing of petitioner's brief.

Entered: August 11, 2025

Ann Dillon Flynn

Clerk of the Court