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IN RE: ADIRONDACK HEALTH–UIHLEIN LIVING CENTER, ET AL., PETITIONERS- PLAINTIFFS–RESPONDENTS, v.
NIRA R. SHAH, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK, ROBERT L. MEGNA, AS DIRECTOR OF BUDGET, AND ANDREW M. CUOMO, GOVERNOR, STATE OF NEW YORK, RESPONDENTS–DEFENDANTS–APPELLANTS. v.
MEMORANDUM AND ORDER
Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered February 3, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The order, insofar as appealed from, directed respondents to make future case mix adjustment payments in January and July of each calendar year.
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs and the sixth decretal paragraph is vacated.
Frances E. Cafarell
Clerk of the Court
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Docket No: CA 14–00367
Decided: February 06, 2015
Court: Supreme Court, Appellate Division, Fourth Department.
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