Adirondack Health-Uihlein Living Center v. Shah

Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered February 3, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The order, insofar as appealed from, directed respondents to make future case mix adjustment payments in January and July of each calendar year.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the sixth decretal paragraph is vacated.

Memorandum: In a related appeal, after…