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FILED: ALBANY COUNTY CLERK 08/19/2022 02:08 PM INDEX NO. 905064-22
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2022
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 VERIFIED
CHOICE LLC; SAFE HAVEN HOME CARE, INC.; ANSWER
AND SILVER LINING HOMECARE AGENCY, INC.,
Petitioners, Index No. 905064-22
For a Judgment Pursuant to Article 78 August 19, 2022
of the Civil Practice Law and Rules
-against-
NEW YORK STATE DEPARTMENT OF HEALTH,
and MARY T. BASSETT, MD, MPH, in her official
capacity as Commissioner of health of the State of New
York,
Respondents.
Respondents Mary T. Bassett and NYS Department of Health, by their attorney, Letitia
James, Attorney General of the State of New York, Stacey Hamilton of counsel, answer the Verified
Petition as follows:
1. Deny each and every allegation contained in the petition that alleges or tends to allege
that the challenged action was in any way contrary to constitutional, statutory, regulatory or case
law.
2. Paragraph 1 of the Petition describes the nature of the Petition and the relief sought,
as such, no response is required. To the extent a response is required, the allegations are denied.
3. As to the allegations contained in paragraphs 18, 19 and 20 of the Verified Petition,
refer all jurisdictional and venue questions to the Court.
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4. Paragraph 101 of the Petition describes the relief sought, as such, no response is
required. To the extent a response is required, the allegat20ions are denied.
5. Admit the allegations contained in paragraph 16, 17, 27, 27, 31, 34, 35, 63 and 83 of
the Petition.
6. As to paragraphs 21, 22, 23, 24, 29, 30, 39, 43, 44, 48, 51, 52, 53, 54, 55, 57, 58, 59,
60, 61, 62, 64, 65, 67, 68, 69, 70, 71, 72, 74, 75, 76, 77, 80, 86, 87, 88, 93 of the petition,
respectfully refer the Court to the cited exhibit, statute, regulation, constitution, case law, dictionary
and/or policy, and deny the allegations to the extent that they are inconsistent therewith or not
reflected therein.
7. Deny sufficient knowledge or information to form a basis for responding to
paragraphs 2, 8, 9, 10, 11, 12, 13, 14, 15, 32, 33, 36, 45, 46, 85, 89, 92, 98 and 109 of the Petition.
8. Deny the allegations contained in paragraph 3, 5, 41, 42, 47, 49, 56, 91, 94, 95, 96,
99, 100, 102, 103, 106, 107 and 108 of the Petition.
9. Admit, in response to paragraphs 4 and 7 of the Petition, that Petitioners submitted
FOIL requests, but deny knowledge or information as to why Petitioners submitted such requests.
10. As to paragraphs 6, 25, 26, 37, 38, 40, 50, 73, 78, 79, 81 and 82 of the Petition,
respectfully refer the Court to the administrative record in this matter and deny the allegations to the
extent they are not consistent therewith or reflected therein. To the extent the Court requires a
further response, the allegations contained in the above paragraphs are denied.
11. Admit, in response to paragraph 66 of the Petition, that Petitioners made redactions to
their Technical Offers, but knowledge or information as to the appropriateness of said redactions.
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12. Admit, in response to paragraph 84 of the Petition, that Petitioners exhausted their
administrative remedies related to the FOIL request that is the subject of this matter, but deny
sufficient knowledge or information to form a basis for responding to the remaining allegations in
the paragraph.
13. The redundancy contained in paragraph 97 of the Petition receive the same response
as previously indicated in this Answer.
14. Deny that Petitioner is entitled to a stay as alleged in paragraph 105 of the Petition.
15. Deny each and every allegation of the petition not specifically responded to above.
16. Deny that Petitioner is entitled to any and all relief sought following the “Prayer for
Relief” clause appearing on page 20 of the Petition.
OBJECTIONS IN POINT OF LAW
17. A defense is founded upon documentary evidence. CPLR 3211(a)(1).
18. To the extent one or more of the petitioners lacks standing to challenge the matters
that they are attempting to challenge, the Petition must be dismissed. CPLR 3211(a)(3).
19. The petition fails to state a cause of action. CPLR 3211(a)(7).
20. Petitioners failed to exhaust their administrative remedies. CPLR 7801(1).
21. The court lacks subject matter jurisdiction. CPLR 3211(2).
ADMINISTRATIVE RECORD
20. The administrative record is appended hereto and consists of 61,520 pages. The
withheld records and unredacted copies of the evaluation tools to which redactions were applied
will be submitted for in camera review. The record includes a Table of Contents, an in camera
Table of Contents, and an in camera privilege log
WHEREFORE, Respondents respectfully request that the relief requested in the petition be
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denied, and that the petition and this action be dismissed, together with such other and further relief
as the Court deems just and proper.
Dated: Albany, New York
August 19, 2022
LETITIA JAMES
Attorney General of the State of New York
Attorney for Respondents Mary T. Bassett
and NYS Department of Health
The Capitol
Albany, New York 12224
By: Stacey Hamilton
Stacey Hamilton
Assistant Attorney General, of Counsel
Telephone: (518) 776-2288
TO: Derek M. Adams, Esq.
Potomac Law Group, PLLC
1300 Pennsylvania Ave, NW
Suite 700
Washington, DC 20004
Printed [Reproduced] on Recycled Paper 4
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Verification
Stacey Hamilton, being a duly licensed attorney in the State of New York and an
Assistant Attorney General of counsel in this matter to Letitia James, Attorney General of the
State of New York, affirms the following under penalties of perjury pursuant to CPLR 2106:
I have been assigned to defend the within proceeding and I am acquainted therewith, and
I have personally examined the exhibits annexed to the foregoing answer and records of
Respondents Mary T. Bassett and NYS Department of Health provided herein.
I have read the foregoing answer. The same is true to my knowledge, except as to those
matters alleged on information and belief, and as to those matters, I believe them to be true.
This verification is made by me, pursuant to CPLR Section 3020(d)(2), because
Respondents Mary T. Bassett and NYS Department of Health are officers of the State of New
York, and I am acquainted with the facts of this proceeding.
Dated: Albany, New York
August 19, 2022
Stacey Hamilton
Stacey Hamilton
Printed [Reproduced] on Recycled Paper
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Preview
FILED: ALBANY COUNTY CLERK 08/19/2022 02:08 PM INDEX NO. 905064-22 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2022 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 VERIFIED CHOICE LLC; SAFE HAVEN HOME CARE, INC.; ANSWER AND SILVER LINING HOMECARE AGENCY, INC., Petitioners, Index No. 905064-22 For a Judgment Pursuant to Article 78 August 19, 2022 of the Civil Practice Law and Rules -against- NEW YORK STATE DEPARTMENT OF HEALTH, and MARY T. BASSETT, MD, MPH, in her official capacity as Commissioner of health of the State of New York, Respondents. Respondents Mary T. Bassett and NYS Department of Health, by their attorney, Letitia James, Attorney General of the State of New York, Stacey Hamilton of counsel, answer the Verified Petition as follows: 1. Deny each and every allegation contained in the petition that alleges or tends to allege that the challenged action was in any way contrary to constitutional, statutory, regulatory or case law. 2. Paragraph 1 of the Petition describes the nature of the Petition and the relief sought, as such, no response is required. To the extent a response is required, the allegations are denied. 3. As to the allegations contained in paragraphs 18, 19 and 20 of the Verified Petition, refer all jurisdictional and venue questions to the Court. 1 of 5 FILED: ALBANY COUNTY CLERK 08/19/2022 02:08 PM INDEX NO. 905064-22 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2022 4. Paragraph 101 of the Petition describes the relief sought, as such, no response is required. To the extent a response is required, the allegat20ions are denied. 5. Admit the allegations contained in paragraph 16, 17, 27, 27, 31, 34, 35, 63 and 83 of the Petition. 6. As to paragraphs 21, 22, 23, 24, 29, 30, 39, 43, 44, 48, 51, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 64, 65, 67, 68, 69, 70, 71, 72, 74, 75, 76, 77, 80, 86, 87, 88, 93 of the petition, respectfully refer the Court to the cited exhibit, statute, regulation, constitution, case law, dictionary and/or policy, and deny the allegations to the extent that they are inconsistent therewith or not reflected therein. 7. Deny sufficient knowledge or information to form a basis for responding to paragraphs 2, 8, 9, 10, 11, 12, 13, 14, 15, 32, 33, 36, 45, 46, 85, 89, 92, 98 and 109 of the Petition. 8. Deny the allegations contained in paragraph 3, 5, 41, 42, 47, 49, 56, 91, 94, 95, 96, 99, 100, 102, 103, 106, 107 and 108 of the Petition. 9. Admit, in response to paragraphs 4 and 7 of the Petition, that Petitioners submitted FOIL requests, but deny knowledge or information as to why Petitioners submitted such requests. 10. As to paragraphs 6, 25, 26, 37, 38, 40, 50, 73, 78, 79, 81 and 82 of the Petition, respectfully refer the Court to the administrative record in this matter and deny the allegations to the extent they are not consistent therewith or reflected therein. To the extent the Court requires a further response, the allegations contained in the above paragraphs are denied. 11. Admit, in response to paragraph 66 of the Petition, that Petitioners made redactions to their Technical Offers, but knowledge or information as to the appropriateness of said redactions. 2 2 of 5 FILED: ALBANY COUNTY CLERK 08/19/2022 02:08 PM INDEX NO. 905064-22 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2022 12. Admit, in response to paragraph 84 of the Petition, that Petitioners exhausted their administrative remedies related to the FOIL request that is the subject of this matter, but deny sufficient knowledge or information to form a basis for responding to the remaining allegations in the paragraph. 13. The redundancy contained in paragraph 97 of the Petition receive the same response as previously indicated in this Answer. 14. Deny that Petitioner is entitled to a stay as alleged in paragraph 105 of the Petition. 15. Deny each and every allegation of the petition not specifically responded to above. 16. Deny that Petitioner is entitled to any and all relief sought following the “Prayer for Relief” clause appearing on page 20 of the Petition. OBJECTIONS IN POINT OF LAW 17. A defense is founded upon documentary evidence. CPLR 3211(a)(1). 18. To the extent one or more of the petitioners lacks standing to challenge the matters that they are attempting to challenge, the Petition must be dismissed. CPLR 3211(a)(3). 19. The petition fails to state a cause of action. CPLR 3211(a)(7). 20. Petitioners failed to exhaust their administrative remedies. CPLR 7801(1). 21. The court lacks subject matter jurisdiction. CPLR 3211(2). ADMINISTRATIVE RECORD 20. The administrative record is appended hereto and consists of 61,520 pages. The withheld records and unredacted copies of the evaluation tools to which redactions were applied will be submitted for in camera review. The record includes a Table of Contents, an in camera Table of Contents, and an in camera privilege log WHEREFORE, Respondents respectfully request that the relief requested in the petition be 3 3 of 5 FILED: ALBANY COUNTY CLERK 08/19/2022 02:08 PM INDEX NO. 905064-22 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2022 denied, and that the petition and this action be dismissed, together with such other and further relief as the Court deems just and proper. Dated: Albany, New York August 19, 2022 LETITIA JAMES Attorney General of the State of New York Attorney for Respondents Mary T. Bassett and NYS Department of Health The Capitol Albany, New York 12224 By: Stacey Hamilton Stacey Hamilton Assistant Attorney General, of Counsel Telephone: (518) 776-2288 TO: Derek M. Adams, Esq. Potomac Law Group, PLLC 1300 Pennsylvania Ave, NW Suite 700 Washington, DC 20004 Printed [Reproduced] on Recycled Paper 4 4 of 5 FILED: ALBANY COUNTY CLERK 08/19/2022 02:08 PM INDEX NO. 905064-22 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2022 Verification Stacey Hamilton, being a duly licensed attorney in the State of New York and an Assistant Attorney General of counsel in this matter to Letitia James, Attorney General of the State of New York, affirms the following under penalties of perjury pursuant to CPLR 2106: I have been assigned to defend the within proceeding and I am acquainted therewith, and I have personally examined the exhibits annexed to the foregoing answer and records of Respondents Mary T. Bassett and NYS Department of Health provided herein. I have read the foregoing answer. The same is true to my knowledge, except as to those matters alleged on information and belief, and as to those matters, I believe them to be true. This verification is made by me, pursuant to CPLR Section 3020(d)(2), because Respondents Mary T. Bassett and NYS Department of Health are officers of the State of New York, and I am acquainted with the facts of this proceeding. Dated: Albany, New York August 19, 2022 Stacey Hamilton Stacey Hamilton Printed [Reproduced] on Recycled Paper 5 of 5