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IN RE: TYLER P. (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: 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.

461

Decided: June 30, 2023

PRESENT: SMITH, J.P., PERADOTTO, CURRAN, MONTOUR, AND OGDEN, JJ.

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.

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 NY2d 176, 180-182 [1978]; Matter of Albino v Shah, 111 AD3d 1352, 1354 [4th Dept 2013]; Matter of Barbato v New York State Dept. of Health, 65 AD3d 821, 822-823 [4th Dept 2009], lv denied 13 NY3d 712 [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 AD3d 916, 916 [2d Dept 2016], lv denied 29 NY3d 918 [2017], rearg denied 30 NY3d 1039 [2017]).

Entered: June 30, 2023

Ann Dillon Flynn

Clerk of the Court

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IN RE: TYLER P. (2023)

Docket No: 461

Decided: June 30, 2023

Court: Supreme Court, Appellate Division, Fourth Department, New York.

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