New York State Commissioner of Health v. Wolner

Appellate Division of the Supreme Court of New York

New York State Commissioner of Health v. Wolner

282 A.D.2d 751, 724 N.Y.S.2d 619, 2001 N.Y. App. Div. LEXIS 4327

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 2001·Published·Cited by 1 cases

Opinion

—In a proceeding pursuant to Social Services Law § 145-a to recover Medicaid overpayments, Chaim Wolner d/b/a Fashion Comfort Shoes, appeals from an order of the Supreme Court, Kings County (S. Leone, J.), dated September 20, 1999, which denied his motion to vacate a judgment lien entered pursuant to that statute.

Ordered that the order is reversed, with costs, the motion is granted, and the matter is remitted to the New York State Commissioner of Health for a plenary hearing to determine the amount owed by the appellant, if any.

We agree with the appellant’s claim that the New York State Department of Social Services, which administered the Medicaid program prior to the Department of Health, had agreed not to seek restitution except by way of a plenary hearing. Accordingly, the appellant met his burden of showing that the judgment lien at issue was improperly entered, as no full hearing was conducted (see, CPLR 5015 [a] [3]). Goldstein, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

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

—In a proceeding pursuant to Social Services Law § 145-a to recover Medicaid overpayments, Chaim Wolner d/b/a Fashion Comfort Shoes, appeals from an order of the Supreme Court, Kings County (S. Leone, J.), dated September 20, 1999, which denied his motion to vacate a judgment lien entered pursuant to that statute.

Ordered that the order is reversed, with costs, the motion is granted, and the matter is remitted to the New York State Commissioner of Health for a plenary hearing to determine the amount owed by the appellant, if any.

We agree with the appellant’s claim that the New York State Department of Social Services, which administered the Medicaid program prior to the Department of Health, had agreed not to seek restitution except by way of a plenary hearing. Accordingly, the appellant met his burden of showing that the judgment lien at issue was improperly entered, as no full hearing was conducted (see, CPLR 5015 [a] [3]). Goldstein, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

New York State Commissioner of Health v. Wolner, 282 A.D.2d 751, 724 N.Y.S.2d 619, 2001 N.Y. App. Div. LEXIS 4327 (N.Y. Ct. App. 2001).

Pincite

282 A.D.2d 751 (New York State Commissioner of Health v. Wolner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related