City of New York v. Wing

—Order, Supreme Court, New York County (Sherry Heitler, J.), entered April 16, 1997, which, inter alia, upon re-argument, adhered to so much of a prior judgment of the same court and Justice, entered October 16, 1996, as enjoined *481respondents from withholding from petitioner’s Human Resources Administration monies deemed by respondents to represent overpayments by respondent Department to providers of home care for Medicaid recipients, unanimously affirmed, without costs.

We agree with Supreme Court that respondents cannot on the basis of “ ‘unpromulgated, internal audit standards’ ” (Matter of…