1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Supreme Court of New York, Westchester County, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Grace Oliveri v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024. It is pending in the Supreme Court of New York, Westchester County. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Mount Kisco Surgery Center LLC, d/b/a The Ambulatory Surgery Center of Westchester, is called the “Defendant.”
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This lawsuit alleges that during the November 2023 cyberattack on Mount Kisco, certain files that contained private information were potentially accessed. These files may have contained personal information such as full names; Social Security numbers; driver’s licenses; state identification numbers; dates of birth; medical information; including diagnoses information; treatment information; and prescription information; health insurance information; including claim information and health insurance ID numbers and financial account information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out of the settlement. In this Settlement, the Class Representatives are Grace Oliveri; Tracy Policicchio; and E.B. by his guardian, Candace Bassi. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All persons in the United States whose Private Information was potentially compromised as a result of the Data Security Incident.”
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Yes. Excluded from the Class are: (1) Mount Kisco and its officers, directors, and related companies; (2) governmental entities; (3) the Judge in this case, and the Judge’s family and staff; and (4) anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Mount Kisco Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@MtKiscoDataSettlement.com
Call toll free, 24/7: (833) 386-6524
You may also view the Settlement Agreement here.
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Mount Kisco will establish a Settlement Fund of $527,500.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Award payments for the Plaintiffs, and the costs of administering the Settlement. The net remaining money will be used to pay for the benefits described below.
Mount Kisco has agreed to pay for a number of different benefits. You have two cash payment options: Cash Payment A – Documented Losses or Cash Payment B – Flat Cash Payment.
The total benefit paid by Defendant will consist of the $527,500.00 Settlement Fund. This means that if the total value of benefits claimed is over $527,500.00, everyone’s payments will be reduced pro rata so that they add up to $527,500.00.
A full description of how this works is available in the Settlement Agreement
Credit Monitoring. All Class Members are eligible to enroll in two years of Credit Monitoring. This benefit includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Security Incident, you can get back up to $5,000.00. The losses must have occurred between November 3, 2023, and June 29, 2026.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Security Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Cash Payment B – Flat Cash Payment. Instead of the benefits in Cash Payment A, you may claim a one-time cash payment. This payment is expected to be $100.00 but may be larger or smaller depending on the total claims filed. You do not have to provide any proof or explanation to claim this payment.
Settlement Class Cash Payments will be subject to a pro rata increase in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund.
In the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of the Cash Payments will be reduced pro rata accordingly. Any pro rata increases or decreases to Cash Payments will be on an equal percentage basis.
You do not have to provide any proof or explanation to claim this payment
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Mount Kisco Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@MtKiscoDataSettlement.com
Call toll free, 24/7: (833) 386-6524
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If you stay in the class, you won’t be able to be part of any other lawsuit against Mount Kisco about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Class.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Mount Kisco Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 386-6524, by email info@MtKiscoDataSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online here, you must do so by June 29, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than June 29, 2026.
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The Court will hold a final approval hearing on September 9, 2026 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys David K. Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC; Scott Edward Cole of Cole & Van Note; and Jarrett L. Ellzey of Ellzey, Kherkher, Sanford & Montgomery LLP, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve $175,833.33 as reasonable attorneys' fees, plus and costs of litigation. This amount will be paid from the Settlement Fund.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Mount Kisco on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is June 29, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Grace Oliveri v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024, pending in the Supreme Court of New York, Westchester County;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Mount Kisco Data Security Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by June 29, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see Question 15)
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Grace Oliveri v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024, pending in the Supreme Court of New York, Westchester County;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
if your lawyer has objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
any and all agreements that relate to the objection or the process of objecting objector or objector’s counsel and any other person or entity;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing;
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be considered, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by June 29, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator | Counsel for Defendants |
Clerk of the Court | Mount Kisco Data Security Incident Settlement | Richard M. Haggerty |
Class Counsel | ||
David K. Lietz | Scott Edward Cole | Jarrett Ellzey |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval on September 9, 2026, at 2:00 p.m. Eastern Time, at the Supreme Court of New York, Westchester County, at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601. The Court may elect to hold the Final Approval Hearing virtually by Zoom or some other application, and if it does, the instructions on how to attend shall be posted on the home page of this website.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement.
You will also give up the rights described in Question 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Mount Kisco Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@MtKiscoDataSettlement.com
Call toll free, 24/7: (833) 386-6524
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, Supreme Court of New York, Westchester County, at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601.
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