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MTR. OF MAGIDSON v. DOWLING

160 Misc.2d 203 (1993)

608 N.Y.S.2d 598

In the Matter of James S. Magidson et al., Petitioners, v. Michael Dowling, Individually and as Commissioner of the New York State Department of Social Services, Respondent.

Supreme Court, New York County.

December 23, 1993

Attorney(s) appearing for the Case

Wise, Lerman & Katz, New York City (Jerome Sager of counsel), for petitioner. Robert Abrams, Attorney-General, New York City (Gerald Slotnick of counsel), for respondent.

JANE S. SOLOMON, J.

In this CPLR article 78 proceeding, petitioners seek to rescind and annul a decision by the respondent Commissioner of the New York State Department of Social Services (DSS) to exclude them from participating as providers in DSS' Medicaid program. Petitioners assert that respondent's decision is arbitrary and capricious because it is based on factual error and misinterpretation of DSS regulations...

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