Judgment unanimously reversed on the law without costs and petition dismissed.
Memorandum:
The court erred in annulling a determination of the Commissioner of the New York State Department of Social Services that petitioner is not entitled to Medicaid benefits for nursing services while he attends college classes outside of his home. The Federal regulations promulgated under the Medicaid Act (42 USC § 1396 et seq.) require that private-duty nursing...
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