Johnson v. DeBuono

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted the petition seeking to annul the determination to discontinue providing petitioner, a Medicaid recipient, with the cost of transportation to medical care providers. The determination was based on both an impermissible exercise of discretion (see, Matter of Sharp v DeBuono [appeal No. 1], 278 AD2d 794 [decided herewith]) and an unapproved local policy (see, Matter of Sharp v DeBuono [appeal No. 1], supra; 18 NYCRR 300.6).

We agree with…