MATTER OF RAES PHARMACY, INC. v. PERALES

Court of Appeals of the State of New York.

Apr 30, 1992

Judgment

CaseIQ

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.