Matter of Cvetkovic v New York State Dept. of Health

Holding The court affirmed the Department of Health’s determination that an agency is not required to sua sponte evaluate an applicant for an undue hardship waiver if not requested, and that the waiver’s effective date is limited to three months prior to the application date. The court further held that the agency’s failure to send specific notices did not violate due process because the petitioner suffered no prejudice and had the opportunity to present evidence.

The court’s words

petitioners' position that an agency must sua sponte consider undue hardship without any request by the applicant cannot be squared with the statutory and regulatory scheme

2026 NY Slip Op 05886, at the official text

the undue hardship waiver period could extend no more than three months prior to the month in which the application for an undue hardship waiver was made

2026 NY Slip Op 05886, at the official text

petitioners failed to demonstrate that they suffered any prejudice as a result of DSS's failure to send the required notice

2026 NY Slip Op 05886, at the official text