New York Court of Appeals, 1992

Raes Pharmacy, Inc. v. Perales

New York Court of Appeals · Decided April 30, 1992

79 N.Y.2d 988; 594 N.E.2d 928; 584 N.Y.S.2d 434; 1992 N.Y. LEXIS 1249

Opinion of the Court

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.* Taking no part: Judge Simons.

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

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