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MATTER OF OSTROW v. BANE

213 A.D.2d 651 (1995)

624 N.Y.S.2d 220

In the Matter of Steven M. Ostrow, Respondent-Appellant, v. Mary Jo Bane, as Commissioner of The New York State Department of Social Services, Appellant-Respondent

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

March 27, 1995

Ordered that the judgment is affirmed, with costs to the petitioner.

The petitioner, a provider of medical services to Medicaid patients at all relevant times herein, submitted various claims to the New York State Department of Social Services (hereinafter the DSS) for procedures totaling $141,160. The DSS, rather than paying or denying the claims, "pended" them for further review (see, 18 NYCRR 504.8). The petitioner...

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