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MATTER OF MALONEY v. WING

236 A.D.2d 258 (1997)

653 N.Y.S.2d 345

In the Matter of Kevin Maloney, Petitioner, v. Brian J. Wing, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

February 18, 1997

The audit procedures used by the respondent violated neither the Social Security Act nor the Social Services Law. We also reject petitioner's contention that respondent's determination is based on a finding that petitioner failed to comply with generally accepted medical standards and that, as such, the respondent was required, pursuant to 18 NYCRR 519.18 (d), to establish the existence of such standards. Petitioner was not charged...

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