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MATTER OF PEOPLE OF STATE OF NEW YORK v. PHARMACIA CORPORATION

39 A.D.3d 1117 (2007)

835 N.Y.S.2d 486

In the Matter of PEOPLE OF STATE OF NEW YORK, by ELIOT SPITZER, as Attorney General of the State of New York, Respondent, v. PHARMACIA CORPORATION, Appellant. (Proceeding No. 1.) In the Matter of the PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, as Attorney General of the State of New York, Respondent, v. AVENTIS PHARMACEUTICALS, INC., Appellant. (Proceeding No. 2.)

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

Decided April 26, 2007.

Rose, J.

Petitioner commenced these proceedings to recover overpayments of reimbursements made by the New York State Medicaid and EPIC programs to participating pharmacies for the cost of certain drugs. Drug reimbursements under these programs were calculated from the "average wholesale price" listed in reports published by prescription drug price reporting services and based upon information provided by drug manufacturers (see Social Services Law former &...

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