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MATTER OF NEW YORK HEALTH CARE, INC. v. CITY OF N.Y. HUMAN RESOURCES ADMIN.

Index No. 159410/17. Appeal No. 15020. Case No. 2020-03512.

201 A.D.3d 474 (2022)

156 N.Y.S.3d 834

2022 NY Slip Op 00132

In the Matter of New York Health Care, Inc., Respondent, v. City of New York Human Resources Administration, Appellant, and City of New York Office of Administrative Trials and Hearings Contract Dispute Resolution Board, Respondent.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana, Corporation Counsel, New York (Philip W. Young of counsel), for appellant.

Glaser & Weiner, P.C., Melville (Todd V. Lamb of counsel), for New York Health Care, Inc., respondent.

Frank Ng, New York, for Contract Dispute Resolution Board, respondent.

Concur— Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

As petitioner acknowledges, the funds for personal care services paid to it under the Health Care Reform Act (Public Health Law § 2807-v) are subject to the audit and recoupment authority of HRA (see Matter of People Care Inc. v City of N.Y. Human Resources Admin., 36 N.Y.3d...

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