Judge Rules New York State Health Department Must Turn Over More Information On Nursing Home COVID Deaths

NEW YORK (CBSNewYork) -- There's more fallout from the New York Attorney General's report alleging the state undercounted nursing home coronavirus deaths by as much as 50%.

A New York Supreme Court judge has ruled the state's health department must release more information within days.

Agnes Minissale's children are still heartbroken and angry.

"She was so heart loving. Everything was about her family," one son said.

RELATED STORY -- NY Attorney General Accuses Health Department Of Undercounting COVID-Related Deaths At Nursing Homes

They saw their beloved mother in her Albany nursing home every day until it was not allowed. Soon after, she got sick with COVID and was sent to the hospital.

She passed away last April at age 93, all by herself.

"To die this way, under the circumstances and being alone," son Phil Minissale said.

The family not only faults the nursing home, but Gov. Andrew Cuomo's since-rescinded memo directing nursing homes to accept COVID-positive patients.

They, and thousands of others, believe the state tried to cover up the true number of nursing home deaths by not including residents who died off-site, like at a hospital, in the official nursing home tally.

Last week, the state attorney general released a scathing report saying the official nursing home death toll may be undercounted by approximately 50%.

RELATED STORY -- Cuomo Administration Responds To Report Claiming Nursing Home COVID Deaths May Have Been Undercounted: 'That's Just Factually Inaccurate'

On Friday, Cuomo responded, saying, "Everyone did the best they could ... But who cares? Thirty-three, 28. Died in a hospital, died in a nursing home. They died ... It's a tragedy."

"Even to this day, it's heart-wrenching to think of our mom and then to hear the response of our governor, our leader, so-called, the emperor of Albany," Phil Minissale said.

The family spoke out at a virtual news conference with state legislators.

"Who cares? Who cares when thousands of New Yorkers died? We care," said New York State Sen. Sue Serino. "The answer to that question can inform policy, improve response and ultimately save lives."

CORONAVIRUS PANDEMIC

On top of all of this, on Wednesday, a judge ruled that the state health department must turn over a complete count of nursing home deaths within five business days to the nonpartisan Empire Center for Public Policy, which sued.

The health department says it was already in the process of doing so.

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