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ULSTER HOME CARE v. VACCO

255 A.D.2d 73 (1999)

688 N.Y.S.2d 830

Ulster Home Care, Inc., et al., Respondents, v. Dennis C. Vacco, as Attorney General of The State of New York, Appellant

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

April 22, 1999

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Lawrence N. Gray of counsel), for appellant.

Tobin & Dempf, Albany (Raul A. Tabora of counsel), for Ulster Home Care, Inc., respondent.

O'Connell & Aronowitz, Albany (Cornelius D. Murray of counsel), for James Mahoney and another, respondents.

CARDONA, P. J., MIKOLL, YESAWICH JR. and GRAFFEO, JJ., concur.

CARPINELLO, J.

Plaintiff Ulster Home Care, Inc. (hereinafter Ulster Home) is the operator of an Ulster County licenced home care agency enrolled in the Medicaid program. During the course of an audit and investigation conducted by the office of the Attorney General (hereinafter defendant), through the Medicaid Fraud Control Unit (hereinafter MFCU), it was alleged that Ulster Home had sought reimbursement for...

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