Appeals Court Unanimously Sides with NUMC, Delivering Another Blow to NIFA’s Continued Attacks on Nassau County’s Only Safety-Net Hospital

Appellate Division Justices Rule Against NIFA, Affirming NHCC and NUMC’s
Right Legal Representation Without Delay to Pursue Cases Against the State of New York

(EAST MEADOW, NY) – Today, the Appellate Division’s Second Judicial Department ruled that the Nassau County Interim Finance Authority (NIFA) must approve Nassau Health Care Corporation’s (NHCC) contracts for legal representation related to the hospital’s Article 78 lawsuits against the State of New York over violations of federal Medicaid law, and an additional Article 78 lawsuit against NIFA for abuse of power. The unanimous ruling upholds State Supreme Court Justice Denise L Sher’s December 10, 2024 order, which compelled NIFA to “immediately approve” contracts related to NHCC’s legal representation, “allowing the hospital to continue to use qualified attorneys of its choosing.” Despite its obvious conflict of interest, NIFA attempted to delay NHCC’s ability to hire attorneys, violating the institution’s basic right to effective legal representation. Following the ruling against NIFA, NHCC Board Chairman Matthew Bruderman released the following statement:

“Incompetent and corrupt Richard Kessel continues to waste taxpayer resources and mislead the public as part of New York State’s unyielding efforts to cripple Long Island’s largest public hospital. Today’s court ruling affirms that NHCC has complied with the law as it has done with all of its contracts and we have an absolute right to defend ourselves. Mr. Kessel proves again he cares more about carrying water for his political bosses in Albany and covering up their billion-dollar Medicaid scheme than he does about our patients, the law and the truth. We have said all along NIFA’s deliberately misleading and dangerous attacks on NUMC are intended to cover for Albany’s corruption at the expense of the healthcare of Nassau’s most at-risk residents. It’s all par for the course for Mr. Kessel who has made a career of playing fast and loose with the law. NIFA’s attempt to deny swift approval of NUMC’s right to counsel while simultaneously approving contracts for their own legal representation shows blatant hypocrisy and total lack of decency. They don’t want us fighting back because they know the truth about this Medicaid scheme. They don’t want us fighting back because they want Albany politicians in charge of Nassau’s health care. Today’s victory means that we can continue to pursue all legal remedies to ensure our patients receive the aid to which they are legally entitled – and we will.”

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