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MTR DENTAL SOC. v. CAREY

92 A.D.2d 263 (1983)

In the Matter of The Dental Society of the State of New York, Appellant, v. Hugh Carey, as Governor of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 10, 1983

Attorney(s) appearing for the Case

Power & Monat (Lawrence M. Monat of counsel), for appellant.

Robert Abrams, Attorney-General (William J. Kogan and Jeremiah Jochnowitz of counsel), for respondents.

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

SWEENEY, J.

This is a CPLR article 78 proceeding brought by petitioner seeking a judgment mandating respondents to upwardly revise the Medicaid dental fee reimbursement schedule. Petitioner is a not-for-profit corporation and the official State-wide professional association for licensed dentists. Petitioner alleges that pursuant to title XIX of the Social Security Act (US Code, tit 42, § 1396 et seq...

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