Legal Opinion

New York Medical & Diagnostic Center, Inc. v. Shah

New York Supreme Court

Decided March 5, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Howard G. Lane, J.

The court, sua sponte, recalls its memorandum decision dated February 7, 2012 and issues this memorandum decision in its place.

In this CPLR article 78 proceeding petitioner New York Medical & Diagnostic Center, Inc. seeks a judgment declaring respondents’ interpretation of Public Health Law § 2807-j null and void to the extent that respondents relied upon a six-year statute of limitations in order to preclude petitioner from obtaining a full refund of overpayments it made to the Department of Health; annulling respondents’ determination to the extent that…

2Cases cited18 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
  3. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  4. Sutka v. ConnersNew York Court of Appeals · 1989
  5. Seittelman v. SabolNew York Court of Appeals · 1998

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