Bulmahn v. New York State Office of Medicaid Inspector General

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Frederick J. Marshall, J.], entered August 30, 2012) to review a determination of respondents. The determination ordered that respondent New York State Department of Health was entitled to recover Medicaid overpayments from petitioner.

It is hereby ordered that the determination is unanimously annulled on the law without costs, the amended petition is granted, and the matter is remitted to respondent New York State…