Harvey-Cook v. Miroff

Full title: S. HARVEY-COOK, Respondent, v. LEONARD MIROFF et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 18, 1987

130 A.D.2d 621 (N.Y. App. Div. 1987)

Opinion

May 18, 1987

Appeal from the Supreme Court, Orange County (Patsalos, J.).

Ordered that the judgment is affirmed, with costs.

The defendants pleaded guilty to crimes involving the filing of false Medicaid claim forms. We have held that the treble-damage remedy provided for in Social Services Law § 145-b is not violative of the constitutional provision against double jeopardy and that the plaintiff may recover treble damages less any amount paid as restitution (see, Harvey-Cook v. Steel, 124 A.D.2d 709). Thus, the court correctly granted summary judgment in favor of the plaintiff.

The defendants' remaining contentions are without merit. Mangano, J.P., Eiber, Kunzeman and Harwood, JJ., concur.