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MATTER OF B.L. v. LAWSKY

8568, 100712/16.

171 A.D.3d 401 (2019)

96 N.Y.S.3d 573

2019 NY Slip Op 02445

In the Matter of B.L., Respondent, v. Benjamin M. Lawsky, in His Official Capacity as Superintendent of New York State Department of Financial Services and as Administrator of the New York State Medical Indemnity Fund, Appellant, et al., Respondent.

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

Decided April 2, 2019.

Supreme Court erroneously concluded that DFS lacked exclusive statutory authority to determine whether petitioner B.L. was a "qualified plaintiff" eligible for enrollment in the Fund, as the plain language of multiple provisions of the governing statute, Public Health Law article 29-D, title 4, shows otherwise (see e.g. Public Health Law § 2999-j [6] [a], [7]), as do the implementing regulations (see e.g. 10 NYCRR 69-10.2 [b]). The settlement agreement...

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