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MATTER OF McLAUGHLIN v. WING

255 A.D.2d 954 (1998)

680 N.Y.S.2d 185

In the Matter of Katherine McLaughlin, Petitioner, v. Brian J. Wing, as Acting Commissioner of New York State Department of Social Services, et al., Respondents

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

November 13, 1998

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner, who is over the age of 18, commenced this CPLR article 78 proceeding challenging a determination made following a fair hearing denying her request for Medicaid reimbursement for root canal therapy on a rear molar. As a Medicaid recipient, petitioner is entitled to essential, not optimal, care. Recognizing that a reasonable...

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