HARVEY-COOK v. MIROFF

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.