Legal Opinion

Kuchment v. Commissioner of New York State Department of Social Services

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

Decided December 7, 1995PublishedCited by 3 opinions

1Opinion of the CourtYesawich Jr., 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 participation in the Medicaid program for a period of five years.

After an audit revealed instances in which petitioner, a physician and enrolled provider under the Medicaid program, had billed for or ordered services, the need for which was not adequately documented in the patients’ records, the Department of Social Services (hereinafter DSS) found that petitioner had engaged in…

2Cases cited6 opinions

  1. Clin Path, Inc. v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1993
  2. Newman v. DowlingAppellate Division of the Supreme Court of the State of New York · 1994
  3. Enrico v. BaneAppellate Division of the Supreme Court of the State of New York · 1995
  4. Polanco v. Commissioner of the Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995
  5. Keppler v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995

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3Cited by3 opinions

  1. Tsakonas v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996
  2. Sarfo v. GlassAppellate Division of the Supreme Court of the State of New York · 1997
  3. Winslow v. New York State Office of Medicaid Inspector GeneralAppellate Division of the Supreme Court of the State of New York · 2011

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