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BRESTIN v. COMMR. OF EDUC.

116 A.D.2d 357 (1986)

In the Matter of Lewis R. Brestin, Petitioner, v. Commissioner of Education of the State of New York et al., Respondents

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

May 1, 1986

Attorney(s) appearing for the Case

Warshaw, Burstein, Cohen, Schlesinger & Kuh (Richard H. Kuh of counsel), for petitioner.

Robert Abrams, Attorney-General (Raymond J. Foley of counsel), for respondents.

KANE, J. P., WEISS, MIKOLL and LEVINE, JJ., concur.

CASEY, J.

Petitioner, a licensed dentist, concededly filed several claim forms with Blue Cross and Blue Shield of Greater New York (Blue Cross) in which he certified that he performed dental services during a 45-day period in 1980 when he was, in fact, suspended from the practice of dentistry and therefore did not perform such services. As a result, charges of professional misconduct were filed against petitioner...

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