Mercy Hospital v. New York State Department of Social Services

Proceeding pursuant to CPLR article 78 (upon remittal from the Court of Appeals) to review a determination of respondent which denied petitioner reimbursement under Medicaid.

In light of the Court of Appeals’ reversal of our decision in this CPLR article 78 proceeding to review a determination of respondent which found that petitioner had received overpayments in Medicaid benefits for certain ordered ambulatory, emergency and laboratory services it provided based upon a random sample audit despite the presence of adequate records for review (169 AD2d 1009, revd 79 NY2d 197), we now consider…