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MATTER OF JOHNSON v. DEBUONO

278 A.D.2d 797 (2000)

723 N.Y.S.2d 278

In the Matter of LILLIAN JOHNSON, Respondent, v. BARBARA A. DEBUONO, as Commissioner of New York State Department of Health, Appellant, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

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 A...

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