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MATTER OF HERZOG v. BANE

195 A.D.2d 787 (1993)

600 N.Y.S.2d 343

In the Matter of Bruce Herzog, Petitioner, v. Mary Jo Bane, as Commissioner of The New York State Department of Social Services, Respondent

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

July 15, 1993

Mercure, J.

Petitioner is a radiologist licensed to practice medicine in New York and a duly enrolled Medicaid provider. The State Department of Social Services (hereinafter DSS) performed an audit on a random sample of petitioner's records for the period of August 1, 1987 through August 31, 1989. On May 29, 1990 and July 30, 1990, DSS issued notices of proposed action and interim audit reports that essentially charged that petitioner made false claims...

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