Legal Opinion

Auster v. New York State Department of Social Services

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1991PublishedCited by 1 opinion

1Opinion of the Court

*1032Determination unanimously confirmed without costs and petition dismissed. Memorandum: Respondent Department determined that petitioner violated its Medicaid regulations (specifically, 18 NYCRR 515.2 [b]; 516.1, 537.4) by submitting claims for payment for optometric examinations he performed at the rate of $12 per examination, rather than at the rate of $5 per examination, the latter being the rate allowed for a "salaried optometrist”. Respondent directed petitioner to pay restitution in the sum of $28,669.48. In this CPLR article 78 proceeding, petitioner seeks to annul that determination on…

2Cases cited4 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. Bernstein v. ToiaNew York Court of Appeals · 1977
  3. New York City Transit Authority v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1989
  4. New York City Transit Authority v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. Twin City Physicians Group, P. C. v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1997

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