IN THE MATTER OF PALMER v. DOAR


28 A.D.3d 381 (2006)

813 N.Y.S.2d 426

In the Matter of JOSEPH PALMER, Petitioner, v. ROBERT DOAR, as Commissioner of the New York State Office of Temporary and Disability Assistance, et al., Respondents.

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

April 25, 2006.


There was substantial evidence adduced at the hearing to show that, while receiving Medical Assistance, petitioner obtained a prescription for a nutritional supplement from his primary care doctor and an overlapping prescription for a nearly identical nutritional supplement from a second doctor, and that, during a five-month period, he used seven pharmacies to obtain 59 prescriptions. The record accordingly demonstrates that petitioner received "duplicative, excessive, contraindicated...

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