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MATTER OF TSAKONAS v. DOWLING

227 A.D.2d 729 (1996)

642 N.Y.S.2d 342

In the Matter of George Tsakonas, 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.

May 9, 1996

Mercure, J.

As the result of an audit conducted by the Department of Social Services, petitioner, a licensed physician participating in the Medicaid program, was charged (as relevant to this proceeding) with submitting claims for services that were not medically necessary (18 NYCRR 515.2 [b] [1] [i] [c]) and unacceptable recordkeeping (18 NYCRR 515.2 [b] [6]). These charges were based upon a finding that, in 25 cases out of a random sample of 50...

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