Levy v. Perales

Determination of respondent Department of Social Services of the State of New York dated December 21, 1992, directing petitioner to make restitution of $73,586.90, plus interest, 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 [Walter Schackman, J.], entered July 13, 1993) is dismissed, without costs.

Substantial evidence of Medicaid overpayments was provided by testimony at the administrative hearing establishing that petitioner ordered tests that were not medically…