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BERGER v. STATE DSS

181 A.D.2d 12 (1992)

Norbert Berger, Respondent, v. New York State Department of Social Services, Appellant

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

June 25, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Nancy A. Spiegel of counsel), for appellant.

Lifshutz, Polland & Associates (Joseph K. Gormley and Joseph J. La Barbera of counsel), for respondent.

MIKOLL, J. P., and CASEY, J., concur with HARVEY, J; LEVINE and CREW III, JJ., dissent in a separate opinion by LEVINE, J.

HARVEY, J.

Plaintiff, a physician licensed to practice in New York, is a radiologist with a subspecialty in sonography, also known as ultrasound. Plaintiff was, during all relevant times, a Medicaid provider who performed and billed Medicaid for sonographic examinations performed on Medicaid recipients. Among those billings were ones for consecutive sonograms on one or more patients during a single visit and...

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