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MTR OF COUNTY OF CHEMUNG v. SHAH

Nos. 136, 137, 138, 139, 140, 141, 142, 143.

28 N.Y.3d 244 (2016)

66 N.E.3d 1044

44 N.Y.S.3d 326

2016 NY Slip Op 07043

In the Matter of COUNTY OF CHEMUNG, Respondent, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Appellants. In the Matter of COUNTY OF ST. LAWRENCE, Respondent, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Appellants. (And Two Other Related Proceedings.) In the Matter of COUNTY OF CHAUTAUQUA, Appellant, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Respondents. In the Matter of COUNTY OF JEFFERSON, Appellant, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Respondents. In the Matter of COUNTY OF ONEIDA, Appellant, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Respondents. In the Matter of COUNTY OF GENESEE, Appellant, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Respondents. In the Matter of COUNTY OF CAYUGA, Appellant, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Respondents. In the Matter of COUNTY OF MONROE, Appellant, v. NIRAV R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Respondents.

Court of Appeals of New York.

Decided October 27, 2016.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrew D. Bing of counsel), for appellants in the first and second above-entitled combined proceedings and actions and respondents in the second, third, fourth, fifth, sixth, seventh and eighth above-entitled combined proceedings and actions.

Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey and Robert S. Rosborough IV of counsel), and Nancy Rose Stormer, P.C., Utica (Nancy Rose Stormer and Michael Bagge of counsel), for respondent in the first and second above-entitled combined proceedings and actions and appellant in the second, third, fourth, fifth, sixth, seventh and eighth above-entitled combined proceedings and actions, and Bond Schoeneck & King, PLLC, Utica (Raymond A. Meier of counsel), for appellant in the fifth and eighth above-entitled combined proceedings and actions.

Zachary W. Carter, Corporation Counsel, New York City (Michael Pfautz, Michael Pastor, Richard Dearing, Devin Slack and Brian Horan of counsel), for City of New York, amicus curiae.

Stephen J. Acquario, General Counsel, New York State Association of Counties, Albany and Friedman Kaplan Seiler & Adelman LLP, New York City (Katherine L. Pringle and Rebecca C. Serbin of counsel), for New York State Association of Counties, amicus curiae.

OPINION OF THE COURT

In these appeals, several counties challenge the constitutionality of the 2012 amendment (L 2012, ch 56, § 1, part D, § 61) (section 61) to the Medicaid Cap Statute (L 2005, ch 58, § 1, part C, § 1), which closes the door on reimbursement...

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