Capote v. Dowling

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated November 30, 1993, which, after a hearing, excluded the petitioner from participating in the Medicaid program for a period of five years.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The respondents proffered substantial evidence that the petitioner, a physician and a duly enrolled Medicaid provider, on numerous occasions engaged in unacceptable billing practices by submitting false…