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MATTER OF SPANO v. NOVELLO

2 Misc.3d 864 (2003)

772 N.Y.S.2d 215

In the Matter of ANDREW J. SPANO, as County Executive for County of Westchester, et al., Petitioners, v. ANTONIA C. NOVELLO, as Commissioner of the New York State Department of Health, et al., Respondents.

Supreme Court, Albany County.

October 14, 2003.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney (Linda Trentacoste of counsel), for petitioners.

Eliot Spitzer, Attorney General (Lisa Ullman of counsel), for respondents.

OPINION OF THE COURT

JOHN G. CONNOR, J.

Petitioners seek by order to show cause an order and judgment declaring respondents' demand seeking $7,304,980.44 in Medicaid reimbursement for psychiatric care provided to Medicaid recipients between 1984 and 1992 to be an error of law, arbitrary and capricious. Petitioners also seek a preliminary injunction enjoining the respondents from taking possession of $7.3 million...

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