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PEOPLE CARE v. CITY OF NY

109193/09. 9023.

175 A.D.3d 134 (2019)

106 N.Y.S.3d 32

2019 NY Slip Op 05756

In the Matter of PEOPLE CARE INCORPORATED, Doing Business as ASSISTED CARE, Respondent, v. CITY OF NEW YORK HUMAN RESOURCES ADMINISTRATION et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 23, 2019.

Attorney(s) appearing for the Case

Zachary W. Carter, Corporation Counsel, New York City (Eric Lee and Scott Shorr of counsel), for appellants.

Olshan Frome Wolosky LLP, New York City (Thomas J. Fleming and Kerrin T. Klein of counsel), and Todd V. Lamb, New York City, for respondent.

MANZANET-DANIELS and OING, JJ., concur with KAHN, J.; RICHTER, J.P., dissents in a separate opinion in which GESMER, J., concurs.

OPINION OF THE COURT

On this appeal, the issue presented is whether respondent City of New York Human Resources Administration Department of Social Services (HRA) has the authority to audit and recover overpayments of funds provided pursuant to the Health Care Reform Act (HCRA) from personal care service providers such as petitioner...

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