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In the Matter of RAES PHARMACY, INC., Appellant, v. CESAR A. PERALES, Indi

Order affirmed, with costs. Respondent's refusal to enroll petitioner as a participating provider was not arbitrary or capricious (see, 18 N.Y.CRR 504.5; see also, Matter of Pell v Board of Educ., 34 N.Y.2d 222).

Concur: Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and YESAWICH, JR. Taking no part: Judge SIMONS.

Designated pursuant to N Y Constitution, article VI, § 2.

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MATTER OF RAES PHARMACY, INC. v. PERALES
(Apr 30, 1992)