Legal Opinion
Kuppersmith v. Dowling
New York Court of Appeals
Decided March 25, 1999PublishedCited by 40 opinions
1Opinion of the Court
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 also seek a judicially created presumption in favor of the treating physician’s estimate regarding the number of hours of home care services required. We…
2Cases cited8 opinions
- Alexander v. ChoateSupreme Court of the United States · 1985
- Beal v. DoeSupreme Court of the United States · 1977
- Schisler v. SullivanCourt of Appeals for the Second Circuit · 1993
- Jones v. BermanNew York Court of Appeals · 1975
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Murphy v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2013
- The Matter of Kevin B. Acevedo v. New York State Department of Motor Vehicles , The Matter of Michael W. Carney v. New York State Department of Motor Vehicles , The Matter of Caralyn A. Matsen v. New York State Department of Motor VehiclesNew York Court of Appeals · 2017
- In the Matter of Maureen Kigin v. State of New York Workers' Compensation BoardNew York Court of Appeals · 2014
- Jennings v. CommissionerAppellate Division of the Supreme Court of the State of New York · 2010
- Claim of Smith v. Albany County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2011
35 more not listed; retrieve them via the Exa API.