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KING v. SOC SERVS. DEPT.

142 Misc.2d 874 (1989)

In the Matter of Elizabeth King et al., Petitioners, v. New York State Department of Social Services et al., Respondents.

Supreme Court, Erie County.

March 9, 1989

Attorney(s) appearing for the Case

Stamm & Murray for petitioners. Robert Abrams, Attorney-General (Allithea E. Lango of counsel), for respondents.

JOSEPH J. SEDITA, J.

This petition challenges a regulation of the New York State Department of Social Services. The regulation in question (18 NYCRR 515.5 [b]) precludes Medicaid recipients from receiving prescription benefits if the prescription is written by a doctor who is not considered "qualified" by the Department. Petitioner Galeota's "disqualification" is presently being reviewed in an appropriate proceeding which has not yet been completed. We...

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