Cortlandt Nursing Home v. Axelrod
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weiss, J.
We hold today that while the six-year time limitation in CPLR 213 does not bar State actions to recoup alleged *106Medicaid overpayments taken wholly within the administrative process, such actions may, nevertheless, properly be enjoined when an inordinate amount of time has elapsed between the alleged overpayments and the commencement of recoupment.
In these consolidated CPLR article 78 proceedings commenced by three licensed residential health care facilities, Special Term permanently enjoined the State from undertaking further action to recoup alleged Medicaid…
2Cases cited10 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- City of New York v. StateNew York Court of Appeals · 1976
- Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
- White Plains Nursing Home v. WhalenNew York Court of Appeals · 1977
- Fiedelman v. New York State Department of HealthNew York Court of Appeals · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
- Elmira Business Institute, Inc. v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 1986
- Heller v. ChuAppellate Division of the Supreme Court of the State of New York · 1985
- Noble v. AmbrosioNew York Supreme Court · 1990
- Blase v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
11 more not listed; retrieve them via the Exa API.