Motion-Secondary: Best Help Homecare, Inc., Careaide Direct Inc., Carefirst Cdpap, Corp, Easy Choice Agency Inc., Harbor Care Llc, Home Choice Llc, Safe Haven Home Care, Inc., Silver Lining Homecare Agency, Inc. v. New York State Department Of Health, Mary T. Bassett, Md, Mph

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                                At a Term of the Supreme Court, held in and for the
                  County of Albany, New York, on the ____ day of                                 Present:
                  July, 2022.                                                                    Hon. ____________________
                                                                                                                   J.S.C.
                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF ALBANY
                  ____________________________________

                  In the Matter of the Application of

                  BEST HELP HOMECARE, INC; CAREAIDE DIRECT
                  INC.; CAREFIRST CDPAP, CORP; EASY CHOICE
                  AGENCY INC.; HARBOR CARE LLC; HOME
                  CHOICE LLC; SAFE HAVEN HOME CARE, INC;
                  AND SILVER LINING HOMECARE AGENCY, INC.,

                           Petitioners,                                                          ORDER TO SHOW CAUSE

                  -against-
                                                                                                 Index No.
                  NEW YORK STATE DEPARTMENT OF HEALTH,
                  and MARY T. BASSETT, MD, MPH, in her official                                  RJI No.
                  capacity as Commissioner of Health of the State of New
                  York,

                           Respondents,
                  For a Judgment Pursuant to Article 78 of the N.Y. Civil
                  Practice Law & Rules (“CPLR”)

                  ____________________________________

                           Petitioners Best Help Homecare, Inc; CareAide Direct; Carefirst CDPAP, Corp; Easy

                  Choice Agency Inc.; Harbor Care LLC; Home Choice LLC; Safe Haven Home Care, Inc.; and

                  Silver Lining Homecare Agency (collectively, “Petitioners”), having commenced this Article 78

                  Proceeding against Respondents New York State Department of Health and Mary T. Bassett,

                           NOW, upon considering Petitioners’ Verified Petition, filed July 5, 2022, and the

                  accompanying Affirmation of Derek Adams, Appendix, and Memorandum of Law, and finding

                  sufficient cause therefor,



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                           LET Respondents show cause before this Court at the Courthouse located at 16 Eagle

                  Street, Albany, New York on _____________________, 2022, at 9:30 a.m., or as soon thereafter

                  as counsel can be heard, why an Order should not be entered:

                      (1)  Overturning the Department’s final determination, issued March 4, 2022, relating to

                           Petitioners’ requests for records pursuant to New York’s Freedom of Information Law

                           (“FOIL”) and compelling Respondents to timely produce complete and substantially

                           unredacted versions of the Technical Offers and Technical Offer Evaluation Tools sought

                           in Petitioners’ FOIL Request;

                      (2)  Requiring Respondents to submit for in camera review any portions of records that

                           Respondents maintain are exempt from FOIL disclosure;

                      (3)  Staying the implementation of contract awards under RFO #20039 pending resolution of

                           this proceeding, pursuant to CPLR Section 7805; and

                      (4)  Awarding Petitioners their attorneys’ fees and costs incurred in connection with this

                           litigation, pursuant to Section 89(4)(c) of FOIL.



                           Petitioners are hereby directed to serve upon Respondents their Verified Petition and

                  supporting papers on or before July 19, 2022.           Respondents shall file and serve opposition

                  papers, if any, on Petitioners’ attorney on or before _____________________, 2022.

                  Petitioners’ reply papers, if any, shall be served on or before _____________________, 2022.



                           ORAL ARGUMENT ON THE RETURN DATE IS REQUESTED.




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                  DATED:            ____________, 2022
                                    Albany, NY

                                                                        SO ORDERED


                                                                        _____________________________
                                                                        J.S.C.




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