Supreme Court to Hear Oral Argument in EO #38 Case

Legal counsels for LeadingAge New York and other groups challenging Executive Order #38 – and its regulatory limits on executive compensation and administrative costs – have just learned that the case will be heard on Sept. 2, 2015.

We had been expecting a written decision for several months from State Supreme Court, Albany County in the matter of LeadingAge New York et al v. Shah, a case we brought with other groups challenging EO #38 and the associated regulatory requirements. The judge who had been assigned the case has retired, and the case has been transferred to Acting State Supreme Court Justice Denise Hartman. Justice Hartman will be hearing oral argument on Sept. 2 at the Albany County Courthouse. We will keep members posted on the status of the litigation.

In the meantime, the regulations and filing requirements associated with EO#38 remain in effect throughout the State, with the exception of Nassau County where an earlier Supreme Court decision stayed their implementation. LeadingAge NY recently issued important guidance on EO#38 requirements to its members. The guidance addresses the applicable filing deadlines, among other issues. Please contact us if you have any questions on the guidance or other aspects of EO#38.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866