Smotkin v. Commissioner of New York State Department of Health

Appellate Division of the Supreme Court of New York

Smotkin v. Commissioner of New York State Department of Health

269 A.D.2d 534, 704 N.Y.S.2d 492, 2000 N.Y. App. Div. LEXIS 1988

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

DecidedFebruary 22, 2000

StatusPublished

This text of 269 A.D.2d 534 (Smotkin v. Commissioner of New York State Department of Health) 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

Smotkin v. Commissioner of New York State Department of Health, 269 A.D.2d 534, 704 N.Y.S.2d 492, 2000 N.Y. App. Div. LEXIS 1988 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated May 13, 1998, which, after a hearing, excluded the petitioner from participating in the Medicaid program for five years and directed him to make restitution of Medicaid overpayments.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the respondent’s determination is supported by substantial evidence.

The petitioner’s remaining contentions are without merit. Ritter, J. P., Altman, Luciano and Feuerstein, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated May 13, 1998, which, after a hearing, excluded the petitioner from participating in the Medicaid program for five years and directed him to make restitution of Medicaid overpayments.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the respondent’s determination is supported by substantial evidence.

The petitioner’s remaining contentions are without merit. Ritter, J. P., Altman, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

269 A.D.2d 534, 704 N.Y.S.2d 492, 2000 N.Y. App. Div. LEXIS 1988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smotkin-v-commissioner-of-new-york-state-department-of-health-nyappdiv-2000.