A judge has denied a “shocking” request from New York City to recoup nearly $4.9 million in Medicaid payments it said were mistakenly made to New York Presbyterian Hospital Weill Cornell for the care of a disabled child for several years before his 2010 death.

Manhattan Supreme Court Justice Alice Schlesinger said the city was given ample notification of the death of Merrick Lee in an order to show cause, which was filed by the co-trustees of the boy’s estate. She said the city’s Department of Social Services (DSS) cannot seek now to recover the money from the trustees that it “negligently” failed to request five years ago.

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