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MATTER OF OSTLER v. NEW YORK STATE DEPT. OF HEALTH

2020-05858. Index Nos. 1044/19, 31834/20.

210 A.D.3d 784 (2022)

177 N.Y.S.3d 158

2022 NY Slip Op 06250

In the Matter of Tasha Ostler et al., Petitioners, v. New York State Department of Health et al., Respondents.

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

Decided November 9, 2022.

Attorney(s) appearing for the Case

Louis J. Maione , New York, NY, for petitioners.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta , Amit R. Vora , and Elizabeth Brody of counsel), for respondents.

Barros, J.P., Zayas, Ford and Taylor, JJ., concur.

Proceeding pursuant to CPLR article 78 to review four determinations of the New York State Department of Health dated April 1, 2019, April 4, 2019, April 10, 2019, and April 12, 2019, respectively, which, after separate fair hearings before an administrative law judge, denied the petitioners' claims for Medicaid reimbursement for certain out-of-pocket medical and transportation expenses on behalf of themselves and their children, and in the nature of mandamus, inter alia...

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