Opinion
Motion No. 2022-01976 Index No. 157822/21Case No. 2022-00352
06-23-2022
In the Matter of the Application of Staten Island Care Center, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. Howard A. Zucker, M.D., J.D., as Commissioner of The New York State Department of Health,Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, David Friedman Anil C. Singh Tanya R. Kennedy Julio Rodriguez III, Presiding Justice, Justices.
An article 78 proceeding to review a determination of respondent(s) having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about December 13, 2021, And petitioner having moved an order: (i) pursuant to CPLR 5526 enlarging the record on appeal to include all of the documents set forth in respondent's Certification of the Record on Review to the lower Court, dated November 9, 2021, specifically Exhibits 3 and 7; (ii) pursuant to 22 NYCRR 1250.1(e), granting petitioner leave to file, under seal and in unredacted form, that portion of the administrative proceeding herein containing exhibits detailing confidential Medicaid patient information and placing those exhibits under seal; and denying access to those Confidential Exhibits to anyone other than the parties to this proceeding, their counsel and this Court;
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent of enlarging the record on appeal to include all of the documents set forth in respondent's Certification of the Record on Review dated November 9, 2021 and granting petitioner leave to file, under seal and in unredacted form, the portion of the administrative proceeding containing the aforesaid Confidential Exhibits and only permitting access to those Confidential Exhibits to the parties to this proceeding, their counsel and this Court.