The Mount Kisco / Ambulatory Surgery Center of Westchester data breach settlement is now closed — the June 29, 2026 claim deadline has passed and no new claims can be filed.
What Was This Settlement About?
Mount Kisco Surgery Center LLC — which does business as The Ambulatory Surgery Center of Westchester, an outpatient surgical facility in Mount Kisco, New York — agreed to a $527,500 class action settlement to resolve claims that it failed to protect personal and protected health information from a data breach. The case stemmed from a November 2023 cyberattack in which certain files containing private information were potentially accessed. According to the settlement notice, those files may have contained full names, Social Security numbers, driver's license and state identification numbers, dates of birth, medical information (including diagnosis, treatment, and prescription information), health insurance information (including claim information and health insurance ID numbers), and financial account information.The lawsuit alleged the facility was negligent in safeguarding the data. The case is captioned Oliveri v. The Ambulatory Surgery Center of Westchester, Index No. 66660/2024, in the Supreme Court of the State of New York, Westchester County. The defendant denied the allegations and denied any wrongdoing; the court did not decide which side was right. Instead, both sides agreed to settle to avoid the cost and risk of continued litigation while giving affected people a way to recover compensation. The court granted preliminary approval on March 24, 2026.
Important: the June 29, 2026 claim filing deadline has passed. This settlement is now closed, and no new claims can be filed.
Who Qualified?
The court defined the settlement class as all persons in the United States whose Private Information was potentially compromised as a result of the Data Security Incident. In practice, if you received a notice stating the breach may have compromised your information, the facility's records indicated you were a class member. Reporting put the number of people affected at roughly 22,000 patients. Excluded from the class were Mount Kisco and its officers, directors, and related companies; governmental entities; the judge assigned to the case along with the judge's family and staff; and anyone who validly excluded themselves from the settlement.How Much Could You Get?
Every class member — regardless of which cash option they chose — was eligible to enroll in two years of credit monitoring, which included real-time monitoring of your credit file, dark web scanning, comprehensive public records monitoring, and access to a fraud resolution agent if something suspicious happened.For cash, class members could choose one of two options (not both):
- Cash Payment A — Documented Losses — up to $5,000. Reimbursement for actual, documented out-of-pocket losses caused by the data breach and incurred between November 3, 2023 and June 29, 2026 — for example, losses from identity theft or fraud, fees for credit reports or credit freezes, the cost of replacing IDs, and postage to contact banks. This option required proof such as bank statements or receipts; self-prepared notes alone were not enough, and expenses already reimbursed by a third party could not be claimed.
- Cash Payment B — Flat Cash Payment. A one-time payment expected to be $100, with no proof or explanation required beyond logging in with notice credentials. The amount could be larger or smaller depending on the total claims filed.
How to File a Claim
Important: the claim filing deadline of June 29, 2026 has passed, so filing a claim — online or by mail — is no longer possible. Class members who filed on time could file online through the official settlement website using the login ID and PIN from their notice, or by mailing a paper claim form postmarked by the deadline. Neither option remains open. If you never received your notice, that is now moot, since new claims can no longer be submitted regardless.Deadlines and Key Dates
- Preliminary approval: March 24, 2026.
- Claim deadline: June 29, 2026 (passed — no new claims can be filed).
- Opt-out (exclusion) deadline: June 29, 2026 (passed).
- Objection deadline: June 29, 2026 (passed).
- Final approval hearing: September 9, 2026 at 2:00 p.m. Eastern Time at the Supreme Court of New York, Westchester County, in White Plains, NY (the court may elect to hold it virtually). Payments are issued only after the court grants final approval and any appeals are resolved, so there is typically a wait of several weeks to months after the hearing.
More Data Breach Settlements
If you want to compare this case with other cases with open claim windows, see our roundup of open data breach settlements, and our writeup of the Bell Ambulance data breach settlement, another medical-records breach with a two-tier cash structure plus identity monitoring.Frequently Asked Questions
Who was eligible for the Mount Kisco / Ambulatory Surgery Center of Westchester settlement?
The settlement covered individuals in the United States whose private information was potentially impacted in the November 2023 data breach at Mount Kisco Surgery Center LLC, which does business as The Ambulatory Surgery Center of Westchester. If you received a notice stating the breach may have compromised your information, the company's records indicated you were a class member. Reporting put the number of people affected at roughly 22,000. The claim deadline has passed, so this determination is no longer actionable.
How much could I get from the Mount Kisco data breach settlement?
Class members could choose one of two cash options. Cash Payment B was a flat one-time payment expected to be $100 with no proof required, or Cash Payment A reimbursed up to $5,000 for actual, documented out-of-pocket losses incurred between November 3, 2023 and June 29, 2026. Every class member was also eligible to enroll in two years of credit monitoring. The claim deadline has passed, so these options are no longer available to new claimants.
Was proof required to file a Mount Kisco settlement claim?
Yes. Filing online required entering the login ID and PIN printed on the settlement notice that was mailed or emailed to class members, so the notice itself functioned as proof of class membership. The cash payment required no loss documentation beyond that login, but the up to $5,000 documented-loss option additionally required receipts, bank statements, or similar records. This is now moot, as the claim filing period has closed.
What was the deadline to file a Mount Kisco claim?
Claim forms had to be submitted online or postmarked by June 29, 2026. That deadline has passed, and the settlement is now closed to new claims. The court has scheduled a final approval hearing for September 9, 2026; payments are not issued until the settlement receives final approval and any appeals are resolved.
What information was exposed in the Ambulatory Surgery Center of Westchester data breach?
According to the settlement notice, the November 2023 cyberattack potentially accessed files that may have contained full names, Social Security numbers, driver's license and state ID numbers, dates of birth, medical information (including diagnosis, treatment, and prescription information), health insurance information (including claim information and health insurance ID numbers), and financial account information. The defendant denied the allegations and any wrongdoing; the court did not decide which side was right.
Sources
- Notice of Proposed Class Action Settlement — Grace Oliveri v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024 (Supreme Court of New York, Westchester County)
- Official settlement website — MTKiscoDataSettlement.com
