Kleynerman v. Wing

Order, Supreme Court, New York County (Alice Schlesinger, J.), *222entered, on or about April 19, 1996, which enjoined respondent from excluding petitioner from participation in the Medical Assistance Program for a period of five years, unanimously reversed, on the law, without costs, and the injunctive relief is denied.

For the second time in four years, petitioner was evaluated deficient in the quality of care delivered to his Medicaid patients. The prior uncontested findings, in 1991, resulted in a letter of warning. This time, after auditing a sampling of 17 of petitioner’s case files,…