Legal Opinion · Dissent

New York State Medical Transporters Ass'n v. Perales

New York Court of Appeals

Decided December 20, 1990Published

1DissentAlexander, J.

Because, in my view, the record amply supports the conclusion that DSS ratified the acts of its fiscal agent with respect to the retroactive assignment of prior approval numbers, I would reverse the order of the Appellate Division and reinstate the judgment of Supreme Court. Therefore, I respectfully dissent.

In connection with the discharge of its statutory obligation to provide transportation services to Medicaid recipients, DSS delegated processing of payments for transportation services to its agent along with responsibility for issuing prior approval numbers which ensure that only…

2Cases cited16 opinions

  1. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  2. Sabot v. LavineNew York Court of Appeals · 1977
  3. People Ex Rel. J.B. Lyon Co. v. . McDonoughNew York Court of Appeals · 1903
  4. MATTER OF 54/55 SIXTH REALTY CORP. v. LeventhalNew York Court of Appeals · 1977
  5. 54/55 Sixth Realty Corp. v. LeventhalAppellate Division of the Supreme Court of the State of New York · 1976

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