MATTER OF NEWMAN v. DOWLING


210 A.D.2d 552 (1994)

619 N.Y.S.2d 794

In the Matter of Scott Newman, Petitioner, v. Michael Dowling, 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.

December 1, 1994


Casey, J.

Petitioner, a licensed physician and participating provider in the Medicaid program, was found guilty of engaging in unacceptable practices as defined in 18 NYCRR 515.2 based upon a two-part audit of petitioner's records conducted by the Department of Social Services (hereinafter DSS) to determine petitioner's compliance with Medicaid regulations. Based upon the finding, petitioner was excluded from participation in the

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