Cnty. of Orleans v. Shah, 144 A.D.3d 1490 (N.Y. App. Div. 2016). · Go Syfert
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Cnty. of Orleans v. Shah, 144 A.D.3d 1490 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2019–2020 · …while it is well settled that this court has the authority to independently consider the weight of the evidence on an appeal in a nonjury case, deference is still afforded to the findings of the court where, as here, they are based largely on credibility determinations ⚠ not in text
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In the Matter of County of Orleans
v.
Nirav R. Shah, M.D., M.P.H., Commissioner, New York State Department of Health
Appellate Division of the Supreme Court of the State of New York.
Nov 10, 2016.
144 A.D.3d 1490
Carni, Dejoseph, Lindley, Smith.
Published

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James R Punch, A.J.), entered October 1, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, insofar as appealed from, granted the petition-complaint in part, annulled the determination of respondents-defendants and directed respondents-defendants to allow petitioner-plaintiff’s claims for reimbursement.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the petition-complaint is denied in its entirety, and judgment is granted in favor of respondents-defendants as follows:

It is adjudged and declared that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional (see Matter of County of Chemung v Shah, 28 NY3d 244 [2016]).

Present—Smith, J.P., Carni, Lindley and DeJoseph, JJ.