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MATTER OF CITY OF NEW YORK v. CONTRACT DISPUTE RESOLUTION BD. OF THE CITY OF N.Y.

Index No. 452903/17. Appeal No. 15310. Case No. 2020-03525.

202 A.D.3d 532 (2022)

164 N.Y.S.3d 71

2022 NY Slip Op 00967

In the Matter of City of New York et al., Appellants, v. Contract Dispute Resolution Board of the City of New York et al., Respondents.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

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

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

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

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.

The court dismissed the petition based on this Court's decision in Matter of People Care Inc. v City of N.Y. Human Resources Admin., in which we found that HRA had no authority under the HCRA or a contract with a service provider to audit or recoup HCRA funds, a decision which has been reversed on appeal (175 A.D.3d 134 [1st Dept 2019], revd 36 N.Y.3d 1088 [2021], on remittitur 194 A.D.3d 624 [1st Dept 2021]). The Court...

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