Legal Opinion

Pharmacists Society of State of New York, Inc. v. Pataki

Appellate Division of the Supreme Court of the State of New York

Decided January 27, 2009PublishedCited by 7 opinions

1Opinion of the CourtMalone Jr., J.

Appeal from a judgment of the Supreme Court (Donohue, J.), entered October 18, 2007 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for a declaratory judgment, granted respondents’ motion to dismiss the petition/complaint.

The Department of Health (hereinafter DOH) is the state *925agency responsible for administering the state’s Medicaid program (see Social Services Law § 363-a; 18 NYCRR 504.1 [d] [12]) and, within DOH, the Office of Medicaid Inspector General (hereinafter OMIG) is responsible for detecting and preventing fraud and abuse of the program…

2Cases cited3 opinions

  1. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  2. New York City Transit Authority v. New York State Department of LaborNew York Court of Appeals · 1996
  3. Cubas v. MartinezNew York Court of Appeals · 2007

3Cited by7 opinions

  1. Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of StateAppellate Division of the Supreme Court of the State of New York · 2015
  2. SLS Residential, Inc. v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 2009
  3. Homestead Funding Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of North Shore Hematology-Oncology Assoc., P.C. v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2024
  5. Board of Education v. StateAppellate Division of the Supreme Court of the State of New York · 2013

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