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MATTER OF NEW YORK STATE MED. TRANSPORTERS ASS'N, INC. v. PERALES

160 A.D.2d 710 (1990)

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

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

April 2, 1990

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, and the proceeding is dismissed in its entirety.

By statute (Social Services Law § 365-a [2] [j]) and regulation (18 NYCRR 505.10 [b]), the New York State Department of Social Services (hereinafter the DSS) is required to ensure that recipients of Medicaid have transportation "when essential to obtain care and services" "upon prior approval, except in cases of emergency...

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