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MATTER OF KOCH v. SHEEHAN

CA 11-01309.

95 A.D.3d 82 (2012)

940 N.Y.S.2d 734

2012 NY Slip Op 2188

In the Matter of ERIC J. KOCH, D.O., Petitioner/Respondent, v. JAMES G. SHEEHAN, New York State Medicaid Inspector General, Respondent/Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for respondent/appellant.

Brown & Tarantino, LLC, Buffalo ( Susan A. Eberle of counsel), for petitioner/respondent.

SCUDDER, P.J., CENTRA, PERADOTTO and LINDLEY, JJ., concur.

OPINION OF THE COURT

MARTOCHE, J.

Respondent, the New York State Medicaid Inspector General, appeals from a judgment granting the CPLR article 78 petition, thereby vacating respondent's determination excluding petitioner from participating in the New York State Medicaid Program and reinstating petitioner retroactively to March 10, 2010 as a participating physician in the Medicaid Program. We are called upon to consider for the first time the scope of the...

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