Ulster Home Care, Inc. v. Vacco

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and appellant’s motion to vacate the preliminary injunction granted.

Subsequent to our decision and remittal in Ulster Home Care v Vacco (96 NY2d 505 [2001]) (Ulster I), the Attorney General moved pursuant to CPLR 6314 to vacate a June 1998 preliminary injunction enjoining him from criminally prosecuting respondent based on alleged violations of the Medicaid “public charge” provisions (18 NYCRR 505.14 [h] [7] [ii] [a] [1] [i]). Supreme Court vacated the injunction reasoning that, although this…