Legal Opinion

FYM Clinical Laboratory, Inc. v. Perales

Appellate Division of the Supreme Court of the State of New York

Decided February 16, 1989PublishedCited by 12 opinions

1Opinion of the CourtMahoney, P. J.

Appeal from a judgment of the Supreme Court (Klein, J.), entered August 31, 1988 in Albany County, which denied petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent ordering temporary withholding of Medicaid reimbursement to petitioner.

Petitioner operates a medical laboratory which had its Medicaid billing practices investigated by the State Department of Social Services. Following a partial withholding of Medicaid claims and an on-site audit, the Department determined that there was reliable information that petitioner was engaged in…

2Cases cited4 opinions

  1. Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
  2. Board of Education v. State Education DepartmentAppellate Division of the Supreme Court of the State of New York · 1986
  3. Medicon Diagnostic Laboratories, Inc. v. PeralesAppellate Division of the Supreme Court of the State of New York · 1989
  4. Davis v. Vantage Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by12 opinions

  1. Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
  2. Henbest & Morrisey, Inc. v. W. H. Insurance AgencyAppellate Division of the Supreme Court of the State of New York · 1999
  3. New York State Electric & Gas Corp. v. AasenAppellate Division of the Supreme Court of the State of New York · 1990
  4. Historic Albany Foundation v. BreslinAppellate Division of the Supreme Court of the State of New York · 2001
  5. Di Marco v. Westinghouse Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1991

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