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MATTER OF CLEARY v. PERALES

191 A.D.2d 209 (1993)

594 N.Y.S.2d 207

In the Matter of Lisa E. Cleary, as Guardian ad Litem for Max Sommer, Appellant, v. Cesar A. Perales, as Social Services Commissioner of The State of New York, et al., Respondents

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

March 4, 1993

In the underlying proceeding, petitioner, a 60-year-old mentally retarded man, who suffers from mixed disturbances in emotion and conduct, brought a CPLR article 78 proceeding challenging respondents' denial of Medicaid reimbursement for his transportation to and from a Federal sheltered workshop. Petitioner, who is unable to independently care for himself, and who had lived with his mother until she became too infirm to care for...

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