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MATTER OF MOMAH v. ROGERS

239 A.D.2d 20 (1998)

667 N.Y.S.2d 845

In the Matter of Charles M. Momah, Petitioner, v. Kathleen M. Rogers, as St. Lawrence County Judge, et al., Respondents

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

January 29, 1998

Attorney(s) appearing for the Case

Goldman & Hafetz, New York City (Elizabeth M. Johnson of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, Syracuse (Norman S. Hatt of counsel), respondent pro se.

CARDONA, P. J., MERCURE, PETERS and CARPINELLO, JJ., concur.

YESAWICH JR., J.

Petitioner, a physician formerly practicing in St. Lawrence County, was indicted on charges of grand larceny, filing a false instrument and engaging in a scheme to defraud stemming from allegations that he intentionally overbilled Medicaid and other insurers on multiple occasions from 1990 to 1994. He seeks an order prohibiting respondents from proceeding to trial on the indictment, contending...

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