Mount Kisco Surgery Center Data Breach Settlement: Claim ~$100 or Up to $5,000 — Deadline June 29, 2026
Mount Kisco / Ambulatory Surgery Center of Westchester Data Breach Settlement
Mount Kisco Surgery Center LLC agreed to a $527,500 settlement over a November 2023 cyberattack that exposed patients’ sensitive personal, medical, and financial information. U.S. residents whose information was potentially compromised can claim an estimated $100 flat cash payment (no proof required) or up to $5,000 for documented out-of-pocket losses, plus two years of free credit monitoring. The claim deadline is June 29, 2026.
Settlement fund
$527,500
Common fund
Top payout
~$100 cash
Pro rata + up to $5,000 out-of-pocket
Claim deadline
Jun 29, 2026
10 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Jun 29, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You reside in the United States.
- Your Private Information was potentially compromised as a result of the November 2023 cyberattack on Mount Kisco Surgery Center LLC, d/b/a The Ambulatory Surgery Center of Westchester.
- The information at risk may have included full names; Social Security numbers; driver’s licenses; state identification numbers; dates of birth; medical information (diagnoses, treatment, and prescription information); health insurance information (including claim information and health insurance ID numbers); and financial account information.
- Excluded: Mount Kisco and its officers, directors, and related companies; governmental entities; the Judge in this case, and the Judge’s family and staff; and anyone who validly excludes themselves from the Settlement.
Not sure if you qualify? Call the Settlement Administrator at (833) 386-6524, email info@MtKiscoDataSettlement.com, or visit MtKiscoDataSettlement.com.
What happened
In November 2023, Mount Kisco Surgery Center LLC, d/b/a The Ambulatory Surgery Center of Westchester, suffered a cyberattack that potentially exposed the private information of patients. Certain files were accessed during the incident and may have contained highly sensitive data including full names, Social Security numbers, driver’s licenses, state ID numbers, dates of birth, medical diagnoses, treatment records, prescription information, health insurance details, and financial account information.
Plaintiffs Grace Oliveri, Tracy Policicchio, and E.B. (by his guardian Candace Bassi) filed a class action lawsuit in the Supreme Court of New York, Westchester County, alleging that Mount Kisco failed to adequately protect patients’ sensitive information. Mount Kisco denies all allegations and maintains that it did not do anything wrong. Both sides agreed to settle to avoid the costs, risks, and uncertainty of continued litigation.
How to file a claim
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1. Confirm you are eligible
You must be a U.S. resident whose private information was potentially compromised in the November 2023 Mount Kisco cyberattack. Anyone who received a Notice of the Data Security Incident from Mount Kisco is a Class Member.
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2. Choose your benefit option
Option A — Documented Losses: Claim reimbursement for actual out-of-pocket losses up to $5,000 incurred between November 3, 2023 and June 29, 2026. Requires third-party documentation such as bank statements, receipts, or credit monitoring bills showing expenses tied to the breach. Self-prepared notes alone are not sufficient.
Option B — Flat Cash Payment: Claim a one-time estimated $100 payment with no proof or documentation required. The exact amount may increase or decrease depending on the number of valid claims filed. All class members also receive two years of free credit monitoring regardless of which option they choose. -
3. File online or by mail by June 29, 2026
Submit your Claim Form online at MtKiscoDataSettlement.com by June 29, 2026, or mail a paper Claim Form (postmarked by June 29, 2026) to: Mount Kisco Data Security Incident Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958. You may also request a paper form by calling (833) 386-6524 or emailing info@MtKiscoDataSettlement.com.
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4. Receive your payment
Benefits will be distributed after the Court grants final approval at the September 9, 2026 Final Approval Hearing and any appeals are resolved. No follow-up is required after you submit your claim.
Key dates
- Jun 29, 2026 Opt-out & objection deadline Upcoming
- Jun 29, 2026 Claim filing deadline Upcoming
- Sep 9, 2026 Final Approval Hearing (2:00 p.m. ET, in person or via Zoom) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Final Approval Hearing is scheduled for September 9, 2026 at 2:00 p.m. ET at the Supreme Court of New York, Westchester County, 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601. The Court may also hold the hearing virtually via Zoom; check MtKiscoDataSettlement.com for updates.
Where the money is going
Mount Kisco agreed to establish a Settlement Fund of $527,500 covering all class member benefits, attorneys’ fees and costs, service awards to the class representatives, and notice and administration expenses.
All amounts are pending final court approval. The estimated $100 flat cash payment is pro rata and will increase if fewer valid claims are filed, or decrease if total claims exceed the net fund. Documented loss claims are capped at $5,000 per person and must be supported by third-party proof.
Common questions
How much money will I actually receive?
If you choose Option B (Flat Cash), you can expect approximately $100, though the final amount depends on how many valid claims are filed. If fewer people file, the payment goes up; if more file, it goes down, proportionally. If you choose Option A (Documented Losses), you can claim up to $5,000 for actual, documented expenses you incurred because of the breach. All class members also receive two free years of credit monitoring with dark web scanning and fraud resolution support.
Do I need proof of purchase or receipts?
No proof is required for the Option B flat cash payment or the credit monitoring benefit. If you want to claim reimbursement for documented out-of-pocket losses under Option A, you will need third-party documentation — such as bank statements, credit card receipts, or identity theft protection bills — showing expenses traceable to the November 2023 breach. Self-prepared notes alone are not enough to support a documented loss claim.
What if I didn’t receive a notice in the mail?
You can still file a claim. Notice was mailed beginning April 29, 2026 to individuals identified in Mount Kisco’s records. If you believe your information may have been affected by the November 2023 cyberattack but did not receive a notice, contact the Settlement Administrator at (833) 386-6524 or info@MtKiscoDataSettlement.com to confirm eligibility.
What rights do I give up by staying in the settlement?
If you remain in the Settlement Class, you release your right to sue or be part of any other lawsuit against Mount Kisco Surgery Center LLC related to the claims covered by this settlement. If you want to preserve those rights, you must opt out by June 29, 2026 by mailing a written 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.
When will payments be sent out?
Payments will be distributed after the Court grants Final Approval at the September 9, 2026 hearing and after any appeals are resolved. The timeline is uncertain because appeals can take months to resolve. The Settlement Administrator will post updates at MtKiscoDataSettlement.com.
Will I owe taxes on my payment?
The tax treatment of settlement payments depends on your individual circumstances. The Settlement Administrator may request a W-9 from claimants, and you may receive a Form 1099 if your payment exceeds the applicable reporting threshold. Consult a tax professional for advice specific to your situation.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
Similar open settlements
This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Mount Kisco Surgery Center LLC, d/b/a The Ambulatory Surgery Center of Westchester, Simpluris (the Settlement Administrator), or Class Counsel David K. Lietz of Milberg PLLC, Scott Edward Cole of Cole & Van Note, and Jarrett L. Ellzey of EKSM, LLP. The case is Grace Oliveri et al. v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024, pending in the Supreme Court of New York, Westchester County. Class representatives are Grace Oliveri, Tracy Policicchio, and E.B. by his guardian, Candace Bassi. Mount Kisco denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.
