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MATTER OF LALANI v. JO BANE

Appellate Division of the Supreme Court of New York, First Department.
Dec 14, 1993

The record supports respondent's finding that the medical necessity of the random orders reviewed was not "fully and properly documented in the client[s'] medical record[s]" (18 18 NYCRR 518.3 [b]). No evidence was presented by petitioner to overcome the presumption of validity of the statistical sampling method employed by respondent ( 18 NYCRR 519.18 [g]), or of the computerized record of services ordered by him in arriving at the total amount of restitution demanded for overpayments ( 18 NYCRR 519.18 [f]). In the circumstances, the two-year exclusion of petitioner from the program was not excessive (see, Matter of Huda v New York State Dept. of Social Servs., 191 A.D.2d 405).

Concur — Murphy, P.J., Sullivan, Ross and Asch, JJ.