Community Related Services, Inc. v. Novello

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…