Legal Opinion

New York City Health & Hospitals Corp. v. McBarnette

New York Court of Appeals

Decided June 30, 1994PublishedCited by 155 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

This appeal raises the question we left open in New York State Assn, of Counties v Axelrod (78 NY2d 158, 166) (NY-SAC): what Statute of Limitations should be applied to declaratory judgment actions brought to challenge promulgated Medicaid reimbursement rates on the ground that they are irrational or affected with error of law. Reaffirming the principles that were articulated in such cases as Solnick v Whalen (49 NY2d 224), we hold that in the circumstances presented here the four-month Statute of Limitations for proceedings against a body or officer is…

2Cases cited28 opinions

  1. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  2. Solnick v. WhalenNew York Court of Appeals · 1980
  3. Jones v. BermanNew York Court of Appeals · 1975
  4. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  5. Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972

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3Cited by155 opinions

  1. Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
  2. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
  3. VIGILANT INS v. Hous. Auth.New York Court of Appeals · 1995
  4. Arrocha v. Board of EducationNew York Court of Appeals · 1999
  5. Kermanshah v. KermanshahDistrict Court, S.D. New York · 2008

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