Order, Supreme Court, New York County (Walter S'chackman, J.), entered March 14, 1994, which denied petitioners’ motion for a preliminary injunction and, order, same court and Justice, entered August 13, 1996, which denied petitioners’ motion for partial summary judgment on the issue of the appropriate weight to be given to the opinions of treating doctors and agency consultant doctors in determining home care to be given to Medicaid patients, and granted respondents’ cross motions for summary judgment, inter alia, upholding the physician’s order form on which the physician indicates whether the Medicaid patient needs assistance performing certain tasks, and upholding the State Department of Social Services regulations and policies instructing the physician not to recommend the number of hours of Medicaid-paid personal care services for the applicant, unanimously affirmed, without costs.
Supreme Court properly upheld the challenged regulation
