Hyperlawhypertext legal databasebeta Raes Pharmacy, Inc. v. Perales 79 N.Y.2d 988

← Cases

Raes Pharmacy, Inc. v. Perales

79 N.Y.2d 988 Court N.Y. Decision date 1992-04-30 English

Contents

Majority

p. 988
In the Matter of Raes Pharmacy, Inc., Appellant, v Cesar A. Perales, Individually and as Commissioner of Social Services of the State of New York, Respondent.
Argued March 31, 1992;
decided April 30, 1992
p. 989
APPEARANCES OF COUNSEL
Jerome I. Sager and Laurie Lombardo for appellant.
Robert Abrams, Attorney-General (Robert A. Forte and Jerry Boone of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, with costs. Respondent’s refusal to enroll petitioner as a participating provider was not arbitrary or capricious (see, 18 NYCRR 504.5; see also, Matter of Pell v Board of Educ., 34 NY2d 222 ).

Concur: Chief Judge Wachtler and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Yesawich, Jr.[1] Taking no part: Judge Simons.

* Designated pursuant to NY Constitution, article VI, § 2.

Cases cited