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COUNTY OF HERKIMER v. DAINES

60 A.D.3d 1456 (2009)

876 N.Y.S.2d 303

In the Matter of COUNTY OF HERKIMER, Respondent, v. RICHARD F. DAINES, as Commissioner of New York State Department of Health, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 27, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to compel respondents to reimburse it for certain Medicaid expenditures, known as overburden expenses, made by petitioner prior to April 2005. At the time that the expenditures were made, respondents were required to reimburse petitioner for those expenditures...

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