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MATTER OF AMERICAN PHARMACEUTICAL SERVICES, INC. v. WING

259 A.D.2d 923 (1999)

687 N.Y.S.2d 211

In the Matter of AMERICAN PHARMACEUTICAL SERVICES, INC., Appellant, v. BRIAN WING, as Commissioner of Social Services of the State of New York, et al., Respondents.

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

Decided March 18, 1999.

Mercure, J.

Petitioner is in the business of supplying medical supplies, including durable medical equipment such as wheelchairs and walkers, to nursing homes and nursing home residents. In April 1996, petitioner applied to the Department of Social Services (hereinafter DSS) for enrollment as a Medicaid provider. On two essentially identical applications (one for each of petitioner's service locations), petitioner responded to the question labeled "J", which reads...

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