Appellate Division of the Supreme Court of New York, 1976

Ferraioli v. Lavine

Ferraioli v. Lavine
Appellate Division of the Supreme Court of New York · Decided March 8, 1976
51 A.D.2d 1000; 381 N.Y.S.2d 108; 1976 N.Y. App. Div. LEXIS 11755
Ferraioli v. Lavine

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated September 24, 1974, which, after a hearing, affirmed a determination of the respondent Commissioner of the Nassau County Department of Social Services, which reduced petitioner’s authorization for certain psychiatric treatment. Determination confirmed and proceeding dismissed on the merits, without" costs or disbursements. Petitioner’s contentions that the determination has no rational basis and distorts the purposes of the medical assistance program are not substantiated by the record in this proceeding, which, on the contrary, reveals an eminently rational basis for the determination and a concern for quality medical care. Gulotta, P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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