Matter of Community Related Servs., Inc. v. New York State Dept. of Health

Appellate Division of the Supreme Court of New York

Matter of Community Related Servs., Inc. v. New York State Dept. of Health

131 A.D.3d 890, 16 N.Y.S.3d 732

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

DecidedSeptember 29, 2015

Docket15723 113740/09

StatusPublished

Cited by1 cases

This text of 131 A.D.3d 890 (Matter of Community Related Servs., Inc. v. New York State Dept. of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Community Related Servs., Inc. v. New York State Dept. of Health, 131 A.D.3d 890, 16 N.Y.S.3d 732 (N.Y. Ct. App. 2015).

Pincite

Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 16, 2014, which denied respondents’ motion to vacate an order, same court and Justice, entered January 30, 2014, confirming a special referee’s report, and a judgment, entered February 4, 2014, same court and Justice, as amended on or about May 5, 2014, in petitioner’s favor in the amount of $7,458,017.98, unanimously modified, on the law, to grant so much of the motion as sought to vacate the portion of the January 30, 2014 order that directs the entry of a money judgment, replace that language with an order directing respondents to reimburse petitioner for improperly denied Medicaid claims, in the amount of $7,458,017.98, to grant so much of the motion as sought to vacate the amended judgment, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

Although the reimbursement of monies withheld as a result *891 of respondents’ denial of Medicaid claims is incidental to the primary relief sought by petitioner and granted by the court (see CPLR 7806; Matter of Gross v Perales, 72 NY2d 231 [1988]), the court exceeded its jurisdiction in directing the entry of a money judgment against respondents (see Court of Claims Act § 9 [4]; see also CPLR 5207). Accordingly, we modify the order on appeal to provide petitioner with the appropriate relief.

Concur — Mazzarelli, J.P., Sweeny, Renwick and Manzanet-Daniels, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 16, 2014, which denied respondents’ motion to vacate an order, same court and Justice, entered January 30, 2014, confirming a special referee’s report, and a judgment, entered February 4, 2014, same court and Justice, as amended on or about May 5, 2014, in petitioner’s favor in the amount of $7,458,017.98, unanimously modified, on the law, to grant so much of the motion as sought to vacate the portion of the January 30, 2014 order that directs the entry of a money judgment, replace that language with an order directing respondents to reimburse petitioner for improperly denied Medicaid claims, in the amount of $7,458,017.98, to grant so much of the motion as sought to vacate the amended judgment, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

Although the reimbursement of monies withheld as a result *891 of respondents’ denial of Medicaid claims is incidental to the primary relief sought by petitioner and granted by the court (see CPLR 7806; Matter of Gross v Perales, 72 NY2d 231 [1988]), the court exceeded its jurisdiction in directing the entry of a money judgment against respondents (see Court of Claims Act § 9 [4]; see also CPLR 5207). Accordingly, we modify the order on appeal to provide petitioner with the appropriate relief.

Concur — Mazzarelli, J.P., Sweeny, Renwick and Manzanet-Daniels, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

131 A.D.3d 890, 16 N.Y.S.3d 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-community-related-servs-inc-v-new-york-state-dept-of-health-nyappdiv-2015.