Is Physician's Recommendation to the Agency About Number of Hours of Home Care Binding ?

In Kuppersmith v. Dowling (93 N.Y.2d 90, 688 N.Y.S.2d 96, 710 N.E.2d 660), the Court of Appeals addressed the issue of whether an agency must consider a physician's estimate in determining the number of hours of home care services that a recipient requires. The Court of Appeals determined that the agency need not consider the physician's recommendation because the determination relies on more than just a medical determination. This is not an issue in these proceedings because all parties agree that petitioners require constant care. To the extent that Kuppersmith may have some bearing on substantial evidence questions petitioners also raise, this court need not address the decision because those issues are for the Appellate Division. CPLR 7804(g).