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  5. 77 N.Y.2d 126 (1990)
 

MED TRANSPORTERS v. PERALES

77 N.Y.2d 126 (1990)

In the Matter of New York State Medical Transporters Association, Inc., et al., Appellants, v. Cesar A. Perales, as Commissioner of the Department of Social Services of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1990.

Attorney(s) appearing for the Case

Daniel J. Roberts and Jeffrey M. Roberts for appellants.

Robert Abrams, Attorney-General (Michele M. Woodard, O. Peter Sherwood, Lawrence S. Kahn, Harvey M. Berman and Elizabeth Bradford of counsel), for respondent.

Chief Judge WACHTLER and Judges TITONE, HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge ALEXANDER dissents and votes to reverse in a separate opinion in which Judge SIMONS concurs.

KAYE, J.

Petitioners, providers of nonemergency transportation services to Medicaid recipients, by this proceeding seek to compel respondent, Commissioner of the Department of Social Services (DSS), to process their claims for transportation services rendered to Medicaid recipients without the agency's prior approval. Petitioners acknowledge that prior agency approval is a statutory prerequisite but contend they...

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