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MATTER OF METZIES SHOE BROOKLYN NEW YORK CORP. v. NEW YORK STATE DEP'T OF SOC SERVS.

151 A.D.2d 675 (1989)

In the Matter of Metzies Shoe Brooklyn New York Corp., Petitioner, v. New York State Department of Social Services, Respondent

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

June 19, 1989

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The Department of Social Services (hereinafter the DSS) audited the petitioner's billings to Medicaid for the period of January 1, 1981 to December 31, 1983, by using a sample of 100 cases from a total of 5,388 cases for that period. The sampled cases led the DSS to conclude that the petitioner, a supplier of orthopedic medical supplies, was...

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