IN RE: M.M. (2026)

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by an order of the Supreme Court, Erie County [Raymond W. Walter, J.], entered November 21, 2025) to review a determination of respondent New York State Department of Health. The determination denied petitioner reimbursement of premiums for employer-sponsored health insurance.

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 respondent New York State Department of Health, issued after a fair hearing, that upheld a determination of respondent Erie County Department of Social Services 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, 179-182 [1978]) 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 Tyler P. v Merrick, 217 AD3d 1558, 1559 [4th Dept 2023]). We have reviewed petitioner's remaining contentions and conclude that none warrants annulment of the determination.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court