MTR OF PLASTIC v. COMPTROLLER

No. 106.

34 N.Y.3d 507 (2019)

144 N.E.3d 332

121 N.Y.S.3d 723

2019 NY Slip Op 08979

In the Matter of THE PLASTIC SURGERY GROUP, P.C., Appellant, v. COMPTROLLER OF THE STATE OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided December 17, 2019.


Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success ( Matthew F. Didora of counsel), for appellant.

Letitia James , Attorney General, Albany ( Jeffrey W. Lang , Zainab A. Chaudhry and Barbara D. Underwood of counsel), for respondent.

Garfunkel Wild, P.C., Great Neck ( Donald R. Moy of counsel), for Medical Society of the State of New York and another, amici curiae.


OPINION OF THE COURT

The Comptroller of the State of New York has a constitutional and statutory duty to audit payments of state money, including payments to private companies that provide health care to beneficiaries of a state insurance program. Here, the Comptroller carried out that obligation by means of investigatory subpoenas...

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