Richmond Medical Center v. Daines

For the reasons stated in Matter of Bronx-Lebanon Hosp. Ctr. v Dairies (101 AD3d 1431 [2012] [decided herewith]), Supreme Court did not err in looking beyond the petition itself and considering respondents’ submissions. Similar to that case, the issue comes down to when petitioner received DOH’s determination letter, as that is the date from which the four-month statute of limitations began to run (see New York State Assn, of Counties v Axelrod, 78 NY2d 158, 165 [1991]). Respondents bear the burden of establishing their statute of limitations defense (see Matter of Feldman v New York State…