Opinion
March 31, 1994
Appeal from the Supreme Court, New York County (Robert D. Lippmann, J.).
It was within respondents' discretion (see, Matter of Karanja v. Perales, 163 A.D.2d 264, 268, lv denied 76 N.Y.2d 715), to deny petitioners' application based upon a prior bribery conviction, insufficient appreciation of the gravity of the offense, and other factors showing that petitioners' inclusion would not be in the best interest of the Medicaid program.
Even if denial of the application for reinstatement could be considered a penalty, this single incident of misconduct supports a finding of permanent exclusion from the Medicaid program (see, Schaubman v. Bloom, 49 N.Y.2d 375).
Concur — Sullivan, J.P., Wallach, Rubin and Nardelli, JJ.