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ALLEN v. COMMR SOC SERVS.

116 A.D.2d 35 (1986)

In the Matter of Jonathan Allen, Petitioner, v. Commissioner of Social Services of the State of New York, Respondent

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

March 20, 1986

Attorney(s) appearing for the Case

O'Connell, Wolfe & Howley (J. Byron O'Connell of counsel), for petitioner.

Robert Abrams, Attorney-General (Martin A. Hotvet and Peter H. Schiff of counsel), for respondent.

KANE, J. P., WEISS, MIKOLL and YESAWICH, JR., JJ., concur.

MAIN, J.

Petitioner, a physician, was a Medicaid provider in Clinton County during the period January 1978 through July 1981, the interval of time for which the Department of Social Services subsequently performed an audit of petitioner's Medicaid services. After it was determined by the Department that petitioner had submitted to it bills for 749 Medicaid patients during the audit period, it randomly selected...

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