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MATTER OF BAY RIDGE DIAGNOSTIC & ANALYTICAL LAB., INC. v. SMITH

71 A.D.2d 889 (1979)

In the Matter of Bay Ridge Diagnostic & Analytical Laboratory, Inc., Respondent, v. J. Henry Smith, as Commissioner of New York City Department of Social Services, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 13, 1979

Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to Special Term, for a hearing in accordance herewith.

The petitioner, Bay Ridge Diagnostic & Analytical Laboratory, Inc. (Bay Ridge), brought this proceeding pursuant to CPLR 7803 (subd 1) to compel the New York City Department of Social Services (DSS) to pay it for laboratory tests done in accordance with the Medicaid program. By the end of October, 1976, there was due Bay...

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