A new Fair Hearing Information System (FHIS) issue code has been established: 971 FISHMAN LITIGATION.
This code is for litigation tracking purposes and has been added to certain Medical Assistance cases by Bureau of Information Technology (BIT) staff to ensure that cases are not purged from FHIS.
Note: In Fishman v Daines, 09-CV-5248 (E.D.N.Y.), plaintiffs challenge the validity of 18 NYCRR ยง 358-5.5(a), which authorizes the Office of Administrative Hearings (OAH) to
consider a fair hearing request abandoned if neither the appellant nor appellant's authorized representative appears at the fair hearing unless either the appellant or appellant's authorized representative has:
(1) contacted OAH within 15 days of the scheduled date of the fair hearing to request that the fair hearing be rescheduled; and
(2) provided OAH with a good cause reason for failing to appear at the fair hearing on the scheduled date; or
(3) contacted OAH within 45 days of the scheduled date of the hearing and establishes that the appellant did not receive the notice of fair hearing prior to the scheduled hearing date.
Plaintiffs' primary federal claims have survived defendants' motion to dismiss. See Fishman v Daines, 2010 U.S. Dist. LEXIS 109857 (October 15, 2010) Bianco, J. Plaintiffs' motion for class certification and classwide preliminary relief is pending before the court.
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