Matter of M.M. v. New York State Dept. of Health

Appellate Division of the Supreme Court of New York

Matter of M.M. v. New York State Dept. of Health

Appellate Division of the Supreme Court of the State of New York·Decided July 24, 2026·No. 549 TP 25-02091·Published·Cited by 1 cases

Opinion

Matter of M.M. v New York State Dept. of Health

2026 NY Slip Op 04707

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

IN THE MATTER OF M.M., A MINOR CHILD, BY HER NATURAL MOTHER AMANDA M., PETITIONER,

v

NEW YORK STATE DEPARTMENT OF HEALTH, ET AL., RESPONDENTS.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

549 TP 25-02091

Present: Whalen, P.J., Curran, Montour, Greenwood, And Nowak, JJ.

BERNARD V. KLEINMAN, WHITE PLAINS, FOR PETITIONER.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENT NEW YORK STATE DEPARTMENT OF HEALTH.

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.

[*1]

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

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Matter of M.M. v New York State Dept. of Health

2026 NY Slip Op 04707

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

IN THE MATTER OF M.M., A MINOR CHILD, BY HER NATURAL MOTHER AMANDA M., PETITIONER,

v

NEW YORK STATE DEPARTMENT OF HEALTH, ET AL., RESPONDENTS.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

549 TP 25-02091

Present: Whalen, P.J., Curran, Montour, Greenwood, And Nowak, JJ.

BERNARD V. KLEINMAN, WHITE PLAINS, FOR PETITIONER.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENT NEW YORK STATE DEPARTMENT OF HEALTH.

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.

[*1]

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

Matter of M.M. v. New York State Dept. of Health, (N.Y. Ct. App. 2026).

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Opinion

Matter of M.M. v New York State Dept. of Health

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