Levy v. Perales

Appellate Division of the Supreme Court of New York

Levy v. Perales

214 A.D.2d 357, 625 N.Y.S.2d 486, 1995 N.Y. App. Div. LEXIS 4152

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 11, 1995

StatusPublished

This text of 214 A.D.2d 357 (Levy v. Perales) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levy v. Perales, 214 A.D.2d 357, 625 N.Y.S.2d 486, 1995 N.Y. App. Div. LEXIS 4152 (N.Y. Ct. App. 1995).

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Opinion

Determination of respondent Department of Social Services of the State of New York dated December 21, 1992, directing petitioner to make restitution of $73,586.90, plus interest, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Walter Schackman, J.], entered July 13, 1993) is dismissed, without costs.

Substantial evidence of Medicaid overpayments was provided by testimony at the administrative hearing establishing that petitioner ordered tests that were not medically necessary, and that he kept inadequate records (see, Matter of Huda v New York State Dept. of Social Servs., 191 AD2d 405). Petitioner failed to establish that tests were performed by the laboratory without his knowledge or authorization precisely because he was unable to demonstrate what tests he had directed the laboratory to perform due to his poor record keeping. Concur—Sullivan, J. P., Rosenberger, Ellerin, Ross and Williams, JJ.

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Determination of respondent Department of Social Services of the State of New York dated December 21, 1992, directing petitioner to make restitution of $73,586.90, plus interest, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Walter Schackman, J.], entered July 13, 1993) is dismissed, without costs.

Substantial evidence of Medicaid overpayments was provided by testimony at the administrative hearing establishing that petitioner ordered tests that were not medically necessary, and that he kept inadequate records (see, Matter of Huda v New York State Dept. of Social Servs., 191 AD2d 405). Petitioner failed to establish that tests were performed by the laboratory without his knowledge or authorization precisely because he was unable to demonstrate what tests he had directed the laboratory to perform due to his poor record keeping. Concur—Sullivan, J. P., Rosenberger, Ellerin, Ross and Williams, JJ.

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Bluebook (online)

214 A.D.2d 357, 625 N.Y.S.2d 486, 1995 N.Y. App. Div. LEXIS 4152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-perales-nyappdiv-1995.

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