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MATTER OF ENRICO v. BANE

213 A.D.2d 784 (1995)

623 N.Y.S.2d 25

In the Matter of Anthony J. Enrico, Jr., Petitioner, v. Mary Jo Bane, as Commissioner of Social Services of the State of New York, Respondent

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

March 2, 1995

White, J.

Petitioner, a podiatrist licensed to practice in New York, was enrolled in New York's Medical Assistance Program (hereinafter Medicaid). The Department of Social Services, pursuant to 18 NYCRR 517.3 (b), audited records of petitioner's patients for a period from June 6, 1988 through December 11, 1989 to determine compliance with various regulatory requirements. To perform this audit, the Department randomly selected 100 provider-ordered services...

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