Argued September 8, 1997 Decided October 16, 1997 Appeal from the the Supreme Court (Karla Moskowitz, J.). Marcia P. Hirsch, Bronx, Rudolph Rosa Di Sant and Sheldon Melnitsky for appellant. John J. Cox, New York City, for respondent. Carb, Luria, Cook Kufeld, L. L. P., New York City (James E. Schwartz of counsel) LEVINE, J. Petitioner Germaine Gaines commenced this CPLR article 78 proceeding to challenge respondent New York State Division of Housing and Community Renewal's (DHCR) determination that

13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

No. 82 SSM 2. Decided March 27, 2007. CROSS APPEALS, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department, entered July 11, 2006, in a proceeding pursuant to CPLR article 78. The Appellate Division granted a petition, on the law and in the exercise of discretion, to review a determination of respondent Commissioner of the Westchester County Department of Parks, Recreation, and Conservation, which had adopted the Hearing

No. 508688. September 30, 2010. Appeal from a judgment of the Supreme Court (Devine, J.), entered November 4, 2009 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Chair of respondent Workers' Compensation Board removing petitioner from a list of eligible providers. Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for appellants. Quadrino Schwatz, Garden City (Harold J. Levy of counsel)

2012-07-6 NEW YORKERS FOR CONSTITUTIONAL FREEDOMS, Jason J. McGuire, Duane R. Motley and Nathaniel S. Leiter, Plaintiffs–Respondents, v. NEW YORK STATE SENATE, New York State Department of Health, Defendants–Appellants, and Eric T. Schneiderman, In His Official Capacity as the Attorney General of the State of New York, Defendant. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for Defendants–Appellants. Liberty Counsel, Lynchburg, Virginia (Rena M. Lindevaldsen of Counsel)

May 22, 1997 Appeal from the Supreme Court (Hughes, J.). By a vote of 1,935 to 1,862 at an April 5, 1995 special election, the residents of the East Greenbush Central School District in Rensselaer County approved the issuance of up to $29,730,540 in bonds to fund various repairs and improvements at six schools throughout the District. Petitioner thereafter filed an appeal with respondent Commissioner of Education, claiming that respondent Board of Education of East Greenbush Central School District

December 11, 1997 Appeal from the Supreme Court (Teresi, J.). Petitioner is a licensed residential health care facility in Albany County. As a provider of Medicaid services, petitioner receives reimbursement through a combination of Federal and State funds. Reimbursement rates are established by the State Department of Health (hereinafter the Department) (see, Public Health Law art 28) pursuant to State regulations (see, 10 N.Y.CRR subpart 86-2). Following receipt of its Medicaid reimbursement rates

No. 1-06-0532. Opinion filed May 23, 2008. Appeal from the Circuit Court of Cook County; the Hon. Anthony Young, Judge, presiding. Dimitrios G. Christopoulos and Lucas M. Rothaar, both of Wilcox Christopoulos, of Chicago, for appellant. Mara S. Georges, Corporation Counsel, of Chicago, for appellees. JUSTICE McNULTY delivered the opinion of the court: The Local Liquor Control Commission (the Commission) suspended Addison Group's liquor license for 30 days as a sanction for serving alcohol to a minor

(a) Notwithstanding any provision of this Title to the contrary, the department, upon notice to the person, may take immediate action under this section. (b) Upon receiving notice of an indictment which charges a person with committing an act which would be a felony under the laws of New York and which relates to or results from: (1) the furnishing or billing for medical care, services or supplies; or (2) participation in the performance of management or administrative services relating to furnishing

(a) The policy of this State is to make available to everyone, regardless of race, age, national origin or economic standing, uniform high quality medical care. In pursuit of this goal the department will contract with only those persons who can demonstrate that they are qualified to provide medical care, services or supplies and who can provide reasonable assurance that public funds will be properly utilized. Only qualified and responsible persons may be enrolled as providers of care, services and

(a) A sanction may be imposed at the discretion of the department upon a determination that a person has engaged in one or more unacceptable practices. (b) In determining the sanction to be imposed, the following factors will be considered: (1) the number and nature of the program violations or other related offenses; (2) the nature and extent of any adverse impact the violations have had on recipients; (3) the amount of damages to the program; (4) mitigating circumstances; (5) other facts related

The State agency must have administrative procedures in place that enable it to exclude an individual or entity for any reason for which the Secretary could exclude such individual or entity under parts 1001 or 1003 of this chapter. The period of such exclusion is at the discretion of the State agency. 42 C.F.R. § 1002.210 82 FR 4118, 1/12/2017

(a)Circumstance for exclusion. The OIG may exclude an individual or entity that has- (1) Submitted, or caused to be submitted, bills or requests for payments under Medicare or any of the State health care programs containing charges or costs for items or services furnished that are substantially in excess of such individual's or entity's usual charges or costs for such items or services; or (2) Furnished, or caused to be furnished, to patients (whether or not covered by Medicare or any of the State

(a) Medical care which may be provided under the medical assistance program, as authorized by title 11 of article five of the Social Services Law, consists of the care, services and supplies enumerated therein, together with any other care, services or supplies authorized to be provided by these regulations and furnished in accordance with these regulations, sound medical practice and the rules and regulations of the state board or body supervising the respective professions. (b) The department will