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In the Matter of DIP PHARMACY, INC., Respondent, v. CESAR A. PERALES, as Commissioner of the New York State Department of Social Ser

Ordered that the judgment is reversed, without costs or disbursements, and the proceeding is remitted to the Supreme Court, Kings County with directions to dismiss the proceeding solely upon the grounds that the issues are moot.

Since the petitioner pharmacy is no longer in business, its application to become a Medicaid provider is now moot (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; Matter of Dunn v Bates, 41 N.Y.2d 1031; Matter of Adirondack League Club v. Black Riv. Regulating Dist., 301 N.Y. 219; Matter of Schrager v Weaver, 8 A.D.2d 724). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.

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MATTER OF DIP PHARMACY, INC. v. PERALES
(Jan 30, 1995)