VAYNSHELBAUM v. DAINES

111318/10

2011 NY Slip Op 50220(U)

YEFIM VAYNSHELBAUM, MD, Petitioner, v. RICHARD F. DAINES, MD, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH, AND JAMES G. SHEEHAN, AS INSPECTOR GENERAL OF THE OFFICE OF THE MEDICAID INSPECTOR GENERAL, Respondents.

Supreme Court, New York County.

Decided February 17, 2011.


Attorney(s) appearing for the Case

Jeffrey A. Granat, Esq. , Jacobson Goldberg & Kolb, LLP, 585 Steward Avenue, Garden City, NY 11530, 516-222-2330, for petitioner.

Francis Ruddy, Sr. Atty., Office of the Medicaid Insp. Gen., Atty Gen of the State of New York, 120 Broadway, 24th Floor, New York, New York 10271, 212-416-8590, for respondents.


BARBARA JAFFE, J.

By notice of petition dated August 23, 2010, petitioner seeks, pursuant to CPLR 7803, an order vacating, annulling, and setting aside, as arbitrary, capricious, an abuse of discretion, and affected by an error of law, the denial by the Department of Health's (DOH) Office of the Medicaid Inspector General (OMIG) of his application for reinstatement in the Medicaid Program or, in the alternative, removing his name from the Medicaid Restricted, Terminated...

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