| Matter of County of Jefferson v Shah |
| 2015 NY Slip Op 02246 [126 AD3d 1322] |
| March 20, 2015 |
| Appellate Division, Fourth Department |
[*1]
| In the Matter of County of Jefferson,Respondent-Appellant, v Nirav R. Shah, as Commissioner of the New YorkState Department of Health, et al., Appellants-Respondents. (Appeal No.2.) |
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), forrespondents-defendants-appellants-respondents.
Whiteman, Osterman & Hanna LLP, Albany (Christopher E. Buckey ofcounsel) and Nancy Rose Stormer, P.C., Utica, forpetitioner-plaintiff-respondent-appellant.
Appeal and cross appeal from a judgment (denominated order and judgment) of theSupreme Court, Jefferson County (Hugh A. Gilbert, J.), entered February 27, 2014 in aCPLR article 78 proceeding and declaratory judgment action. The judgment, amongother things, annulled the determination of respondents-defendants and directedrespondents-defendants to allow petitioner-plaintiff's claims for reimbursement.
It is hereby ordered that the judgment so appealed from is unanimously modified onthe law by denying the petition-complaint in its entirety, and by granting judgment infavor of respondents-defendants as follows:
It is adjudged and declared that section 61 of part D of section 1 of chapter 56 of theLaws of 2012 has not been shown to be unconstitutional, and as modified the judgmentis affirmed without costs.
Same memorandum as in Matter of County of Chautauqua v Shah (126AD3d &mdash, 2015 NY Slip Op 02245 [2015]). Present—Smith, J.P., Carni,Lindley and Valentino, JJ.