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MATTER OF AIDS HEALTHCARE FOUND. v. NEW YORK CITY DEPT. OF HEALTH & MENTAL HYGIENE

Index No. 152019/21. Appeal No. 15796. Case No. 2021-02563.

204 A.D.3d 561 (2022)

165 N.Y.S.3d 294

2022 NY Slip Op 02751

In the Matter of AIDS Healthcare Foundation, Appellant, v. New York City Department of Health and Mental Hygiene et al., Respondents.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Bond, Schoeneck & King PLLC, Albany ( Stuart F. Klein of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Amy McCamphill , of counsel), for New York City Department of Health and Mental Hygiene, respondent.

Winget, Spadafora & Schwartzberg, LLP, New York ( Anthony D. Green , of counsel), for Public Health Solutions, respondent.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

This case stems from DOHMH's request for proposals for medical clinics that would be allocated federal funding to provide care to people with HIV. Petitioner PHS submitted a proposal, that was denied as non-responsive because it did not contain the required proof of accreditation.

PHS's role in reviewing the proposals for responsiveness was not arbitrary and capricious, as PHS did not act unilaterally in rejecting the proposal. Rather, PHS and DOHMH together concluded...

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