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ULSTER HOME CARE v. VACCO

268 A.D.2d 59 (2000)

706 N.Y.S.2d 739

ULSTER HOME CARE, INC., et al., Appellants, v. DENNIS C. VACCO, as Attorney General of the State of New York, Respondent.

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

April 13, 2000.

Attorney(s) appearing for the Case

Tobin & Dempf, Albany (Raul A. Tabora, Jr., of counsel), for appellants.

Eliot Spitzer, Attorney General, New York City (Elizabeth T. Bogren of counsel), for respondent.

Mark Thomas, Albany, for Healthcare Association of New York State, amicus curiae.

Whiteman, Osterman & Hanna, Albany (Heather D. Diddel of counsel), for New York State Association of Health Care Providers Inc., amicus curiae.

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), for Home Care Association of New York State, amicus curiae.

CARDONA, P. J., PETERS, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

Plaintiff Ulster Home Care, Inc. is the operator of a licensed home care agency enrolled in the Medicaid program and provides personal care services to eligible Medicaid recipients pursuant to a contract, renewed annually, with the Ulster County Department of Social Services, which is responsible for various administrative aspects of the Medicaid program in Ulster County (see, Social Services Law §§ 365...

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