MATTER OF GARCIA v. PERALES

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed.

Medicaid providers who are denied reenrollment pursuant to 18 NYCRR part 504 are not entitled to an evidentiary hearing pursuant to 18 N.Y.CRR part 515 (see, Matter of GS Pharmacy v. Perales, 151 A.D.2d 668; Matter of Winyard v. Perales, 161 A.D.2d 317; Matter of Bezar v. New York State Dept. of Social Servs., 151 A.D.2d 44). Thus, the failure to provide the petitioner with a hearing did not deprive him of due process.

Moreover, we find that the determination denying the petitioner's application for reenrollment was neither arbitrary nor capricious. Thompson, J.P., Brown, Kunzeman and Miller, JJ., concur.