Harvey-Cook v. Steel

The defendant pleaded guilty to a charge of grand larceny in the third degree, admitting that he received Medicaid funds through the submission of claims for psychiatric services that were never performed. As part of his sentence, he was required to, and did, make restitution.

Subsequently, the plaintiff commenced an action pursuant to Social Services Law § 145-b to recover three times the amount the defendant fraudulently obtained. Following the service of the defendant’s answer, the plaintiff moved for summary judgment. Special Term permitted the defendant to set off the amount already paid…