Appellate Division of the Supreme Court of New York, 1998

McLaughlin v. Wing

McLaughlin v. Wing
Appellate Division of the Supreme Court of New York · Decided November 13, 1998
255 A.D.2d 954; 680 N.Y.S.2d 185; 1998 N.Y. App. Div. LEXIS 12206
McLaughlin v. Wing

Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner, who is over the age of 18, commenced this CPLR article 78 proceeding challenging a determination made following a fair hearing denying her request for Medicaid reimbursement for root canal therapy *955on a rear molar. As a Medicaid recipient, petitioner is entitled to essential, not optimal, care. Recognizing that a reasonable alternative course of treatment would be extraction and replacement of the tooth, the Administrative Law Judge found that root canal therapy is not medically necessary. That determination addresses concerns expressed by petitioner’s dentist and is supported by substantial evidence. We have reviewed petitioner’s remaining contention and conclude that it is without merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Onondaga County, Major, J.) Present— Green, J. P., Wisner, Pigott, Jr., Balio and Fallon, JJ.

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