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MATTER OF SABOL v. PERALES

82 N.Y.2d 685 (1993)

619 N.E.2d 405

601 N.Y.S.2d 468

In the Matter of Barbara Sabol, as Commissioner of the New York City Human Resources Administration, et al., Appellants, v. Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Gail Rubin and Lorna B. Goodman of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Robert A. Forte and Jerry Boone of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the matter remitted to Supreme Court, New York County, with directions to remand to the New York State Department of Social Services for further proceedings in accordance with this memorandum, and the certified question answered in the negative.

Following a utilization review conducted in 1984...

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