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MATTER OF PEOPLE CARE INC. v. CITY OF N.Y. HUMAN RESOURCES ADMIN.

109193/09. Appeal No. 9023. Case No. 2018-5774.

194 A.D.3d 624 (2021)

144 N.Y.S.3d 361

2021 NY Slip Op 03289

In the Matter of People Care Incorporated, Doing Business as Assisted Care, Respondent, v. City of New York Human Resources Administration et al., Appellants.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York ( Eric Lee and Scott Schorr of counsel), for appellants.

Olshan Frome Wolosky LLP, New York ( Thomas J. Fleming and Terrin T. Klein ) and Todd V. Lamb , New York City, of counsel, for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Kern, Oing, JJ.

This Court previously found that The City of New York Human Resources Administration (HRA) lacked the authority to audit and recover overpayments of funds provided pursuant to the Health Care Reform Act (HCRA) (Public Health Law § 2807-v[1][bb]), from personal care services providers like petitioner (see Matter of People Care Inc. v City of N.Y. Human Resources Admin., 175 A.D.3d 134 [1st Dept 2019]). Accordingly, we did not decide whether petitioner was required...

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