Kinney v. Axelrod

Determination unanimously confirmed, without costs, and petition dismissed. Memorandum: This is a CPLR article 78 proceeding transferred to this court pursuant to CPLR 7804 (subd [g]). Petitioner seeks to annul a determination of respondent commissioner permanently disqualifying petitioner from participation in the Medicaid program upon the commissioner’s finding that petitioner’s excessive use of injectable medication during office treatment of Medicaid patients was an “unacceptable practice” within the meaning of 18 NYCRR former Part 515. The determination was made following a hearing at…