Opinion
April 11, 1995
Appeal from the Supreme Court, New York County [Walter Schackman, J.].
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 A.D.2d 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.