Legal Opinion

Community Related Services, Inc. v. Novello

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

Decided June 26, 2007PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 5, 2007, which granted the petition and directed respondents to terminate the May 2, 2005 administrative withholding of 25% of petitioner’s Medicaid reimbursement payments and to release all funds withheld thereunder, without affecting subsequent administrative withholding orders, unanimously affirmed, without costs.

In deciding the point at which petitioner’s administrative remedies are exhausted, a pragmatic approach must be applied. “The exhaustion rule . . . need not be followed, for example, when an…

2Cases cited3 opinions

  1. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  2. Herberg v. PeralesAppellate Division of the Supreme Court of the State of New York · 1992
  3. Ostrow v. BaneAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by4 opinions

  1. Sonne v. Board of Trustees of Village of SuffernAppellate Division of the Supreme Court of the State of New York · 2009
  2. Signature Health Center, LLC v. New York State Department of HealthNew York Supreme Court · 2010
  3. Matter of King v. CarrionAppellate Division of the Supreme Court of the State of New York · 2015
  4. Signature Health Center, LLC v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2012

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