Legal Opinion

Herzog v. Bane

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

Decided July 15, 1993PublishedCited by 7 opinions

1Opinion of the CourtMercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which, inter alia, excluded petitioner from participating in the Medicaid program for a period of five years.

Petitioner is a radiologist licensed to practice medicine in New York and a duly enrolled Medicaid provider. The State Department of Social Services (hereinafter DSS) performed an audit on a random sample of petitioner’s records for the period of August 1, 1987 through August 31, 1989. On May 29, 1990 and July 30, 1990, DSS…

2Cases cited4 opinions

  1. Benson v. Board of Education of the Washingtonville Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1992
  2. Bigando v. HeitzmanAppellate Division of the Supreme Court of the State of New York · 1992
  3. Sharma v. SobolAppellate Division of the Supreme Court of the State of New York · 1992
  4. Berger v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by7 opinions

  1. Brown v. Saranac Lake Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  2. Mecca v. DowlingAppellate Division of the Supreme Court of the State of New York · 1994
  3. Newman v. DowlingAppellate Division of the Supreme Court of the State of New York · 1994
  4. Roggemann v. BaneAppellate Division of the Supreme Court of the State of New York · 1994
  5. Wojewodzic v. O'NeillAppellate Division of the Supreme Court of the State of New York · 2002

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