Opinion
Submitted January 11, 2000
February 24, 2000
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.
David W. Windley, Brooklyn, N.Y., for petitioner.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Robert A. Forte and Thomas B. Litsky of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION JUDGMENT
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.