Nostrand Gates Pharmacy, Inc. v. Perales

OPINION OF THE COURT

Julius Vinik, J.

In this CPLR article 78 proceeding, petitioner, a pharmacy, seeks an order: (1) annulling the determination by respondents dated July 29, 1988, which denied petitioner’s application for reenrollment into the Medicaid program, and (2) directing respondents to reinstate it as an authorized Medicaid provider. Respondents cross-move for dismissal of the petition.

On October 5, 1987, petitioner, which had been a Medicaid provider for 10 years, was advised by respondents that pursuant to 18 NYCRR 504.10 (eff Jan. 5, 1987), all providers enrolled in the Medicaid…