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MATTER OF MEDICON DIAGNOSTIC LABS., INC. v. PERALES

182 A.D.2d 1033 (1992)

In the Matter of Medicon Diagnostic Laboratories, Inc., Petitioner, v. Cesar A. Perales, as Commissioner of The Department of Social Services of the State of New York, Respondent

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

April 30, 1992

Mercure, J. P.

Petitioner, a clinical laboratory licensed by the Department of Health to provide services in New York City, participates in the Medicaid program. The Department of Social Services (hereinafter DSS) audited petitioner's Medicaid billings for the period January 1, 1986 through February 29, 1988 by using a sample of 109 out of a total of 13,939 cases for the audit period. In 35 of the sampled cases...

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