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MATTER OF PERSONAL-TOUCH HOME CARE OF N.Y., INC. v. CITY OF N.Y. HUMAN RESOURCES ADMIN.

Index No. 151430/20. Appeal No. 15077. Case No. 2020-03830.

201 A.D.3d 532 (2022)

160 N.Y.S.3d 40

2022 NY Slip Op 00289

In the Matter of Personal-Touch Home Care of N.Y., Inc., Formerly Known as Personal-Touch Home Care, Inc., Also Known as Personal Touch Home Care, Inc., Appellant, v. City of New York Human Resources Administration et al., Respondents.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Glaser & Weiner, P.C., Great Neck (Todd V. Lamb of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Philip W. Young of counsel), for City of New York Human Resources Administration, respondent.

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

Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

CDRB had a rational basis for upholding the HRA's denial of petitioner's request to divert unspent Medicaid funds from the fiscal year 2007 to offset assessments levied on Personal Touch in 2009-2010 by the Workers' Compensation Board to cover the deficit of a self-insurance trust that petitioner, among other health care agencies, used to provide workers' compensation coverage for its employees. The State Department of Health (DOH), the "single state agency" that administers...

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