State v. Mappa

OPINION OF THE COURT

Martin M. Solomon, J.

This motion presents the curious question of whether the Second Department caused defendants to suffer an undue hardship by ruling in their favor.

The procedural posture in which this matter arises is unusual. This action is ancillary to a prior action in which a receiver was appointed, pursuant to Social Services Law § 461-f (4), to operate an adult home facility. In this action the State of New York seeks to recoup the receiver’s operating shortfall of $1,266,087.50, plus statutory collection fees of 22% from the alleged former principals and…