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CITY OF NEW YORK v. NOVELLO

65 A.D.3d 112 (2009)

880 N.Y.S.2d 60

In the Matter of CITY OF NEW YORK, Appellant, v. ANTONIA C. NOVELLO, as Commissioner of the New York State Department of Health, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 4, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Marta Ross, Edward F.X. Hart and Joshua Rubin of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Scott J. Spiegelman, Michael S. Belohlavek and Carol Fischer of counsel), for respondents.

TOM, J.P., BUCKLEY and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

In this case of statutory interpretation, the issue is whether the State can disregard a particular statutory directive to act within a specified time. The issue arises within the context of a dispute between New York State and the City of New York over the timeliness of the State's revocation of a $27 million reimbursement to the City for home health care services the City provided. The State argues that the statutory deadline...

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