Opinion
461 TP 23-00185
06-30-2023
In the Matter of TYLER P., a Minor Child, BY his Natural Mother, MARI G., Petitioner, v. Sarah G. MERRICK, Commissioner of Onondaga County Department of Social Services-Economic Security, Onondaga County Department of Social Services-Economic Security, and New York State Department of Health, Office of Temporary and Disability Assistance, Office of Administrative Hearings, Respondents.
BERNARD V. KLEINMAN, SOMERS, FOR PETITIONER. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF ADMINISTRATIVE HEARINGS.
BERNARD V. KLEINMAN, SOMERS, FOR PETITIONER.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF ADMINISTRATIVE HEARINGS.
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, MONTOUR, AND OGDEN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed. Memorandum: In this proceeding pursuant to CPLR article 78, petitioner seeks to annul a determination of the New York State Department of Health, issued after a fair hearing, that upheld a determination of respondent Onondaga County Department of Social Services–Economic Security denying petitioner's application for reimbursement of premiums for employer-sponsored health insurance on the ground that payment would not be cost-effective. Contrary to petitioner's contention, the record contains substantial evidence (see CPLR 7803 [4] ; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights , 45 N.Y.2d 176, 180-182, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ; Matter of Albino v. Shah , 111 A.D.3d 1352, 1354, 974 N.Y.S.2d 701 [4th Dept. 2013] ; Matter of Barbato v. New York State Dept. of Health , 65 A.D.3d 821, 822-823, 884 N.Y.S.2d 525 [4th Dept. 2009], lv denied 13 N.Y.3d 712, 2009 WL 4037018 [2009] ) supporting the determination that payment of the health insurance premiums would not be cost-effective (see 18 NYCRR 360-7.5 [g] [1]; Matter of Maione v. New York State Off. of Temporary & Disability Assistance , 144 A.D.3d 916, 916, 40 N.Y.S.3d 782 [2d Dept. 2016], lv denied 29 N.Y.3d 918, 2017 WL 4015626 [2017], rearg denied 30 N.Y.3d 1039, 69 N.Y.S.3d 253, 91 N.E.3d 1232 [2017] ).