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KENNEDY v. NOVELLO

299 A.D.2d 605 (2002)

750 N.Y.S.2d 175

ROBERT J. KENNEDY, Respondent, v. ANTONIA C. NOVELLO, as Commissioner of Health of the State of New York, et al., Appellants.

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

Decided November 7, 2002.

Lahtinen, J.

The current dispute between optometrists and ophthalmologists, which was commenced by an ophthalmologist as a citizen taxpayer action (see State Finance Law § 123-b), involves the determination by the Department of Health (hereinafter DOH), after consultation with the Department of Education, to authorize Medicaid reimbursements to optometrists for certain procedures related to eye care. Plaintiff contends that such procedures do not fall...

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