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ALEXANDER L. v. CUOMO

154 Misc.2d 945 (1991)

Alexander L. et al., Plaintiffs, v. Mario M. Cuomo, as Governor of the State of New York, et al., Defendants.

Supreme Court, New York County.

April 4, 1991

Attorney(s) appearing for the Case

New York Lawyers for the Public Interest, Inc., New York City (Ellen M. Saideman of counsel), for plaintiffs. Robert Abrams, Attorney-General, New York City (Caren Brutten of counsel), for defendants.

WILLIAM J. DAVIS, J.

This CPLR article 78 proceeding seeks to determine whether the refusal of the New York State Commissioner of Health to include the drug clozapine in the State's Medicaid Formulary is a failure to carry out the mandate of the Legislature expressed in the New York State Medicaid program.

The three plaintiff-petitioners (hereafter plaintiffs), pursuant to a stipulation of anonymity...

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