1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 93 N.Y.2d
  5. 93 N.Y.2d 90 (1999)
 

KUPPERSMITH v. DOWLING

93 N.Y.2d 90 (1999)

710 N.E.2d 660

688 N.Y.S.2d 96

JENNIE KUPPERSMITH, Individually and on Behalf of All Others Similarly Situated, et al., Appellants, v. MICHAEL DOWLING, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Leslie Saltzman, New York City, Toby Golick, Michael D. Scherz and Yisroel Schulman for appellants.

Michael D. Hess, Corporation Counsel of New York City (Kristin M. Helmers, Leonard Koerner and Chlarens Orsland of counsel), for William Grinker, respondent.

Eliot Spitzer, Attorney-General, New York City (Michael B. Siller, Peter H. Schiff, John W. McConnell and Vincent Leong of counsel), for Michael Dowling, respondent.

Donna Dougherty, Rego Park, and Diane Lutwak, Brooklyn, for Medical Society of the State of New York and others, amici curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

This appeal challenges regulations and procedures of the New York State Department of Social Services (DSS) concerning home care services authorized under the Medicaid program. Petitioners sued DSS and the New York City Human Resources Administration, arguing that the regulation governing the treating physician's order for home care services (18 NYCRR 505.14 [b] [3] [i] [a] [3]) is arbitrary and capricious. They...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases