MATTER OF ZANE v. JO BANE


215 A.D.2d 768 (1995)

627 N.Y.S.2d 445

In the Matter of Robert A. Zane, 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, Second Department.

May 30, 1995


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The respondent proffered substantial evidence that the petitioner, a podiatrist, had billed Medicaid for debridement of the nail tissue of the feet of a Medicaid investigator when, in fact, he had not cut or otherwise altered the investigator's nails but had merely prescribed antifungal medication. Accordingly, we confirm the respondent's determination that the...

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