Vaynshelbaum v. Dowling

Determination of respondent dated April 25, 1994, which excluded petitioner from the Medicaid program for five years and directed him to pay restitution of $122,887, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Emily Goodman, J.], entered on or about November 10, 1994), unanimously dismissed, without costs.

Petitioner conceded at the administrative hearing that respondent had properly disallowed certain claims on the basis of improper fee codes, and cannot contest…