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MATTER OF LEVY v. PERALES

214 A.D.2d 357 (1995)

625 N.Y.S.2d 486

In the Matter of Albert Levy, Petitioner, v. Cesar A. Perales, as Social Services Commissioner of The State of New York, et al., Respondents

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

April 11, 1995

Substantial evidence of Medicaid overpayments was provided by testimony at the administrative hearing establishing that petitioner ordered tests that were not medically necessary, and that he kept inadequate records (see, Matter of Huda v New York State Dept. of Social Servs., 191 A.D.2d 405). Petitioner failed to establish that tests were performed by the laboratory without his knowledge or authorization precisely because...

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