Isham Broadway Pharmacy, Inc. v. Perales

OPINION OF THE COURT

Peter Tom, J.

Petitioner moves for a judgment pursuant to CPLR article 78 (1) rescinding the determination of the New York State Department of Social Services (DSS) permanently terminating petitioner from participating in the New York State Medicaid program; (2) compelling respondent to restore petitioner as a participant of a Medicaid program and (3) determining that the termination of petitioner as a Medicaid provider by respondent was done in violation of petitioner’s constitutional rights and was arbitrary and capricious. Respondent cross-moves to dismiss the petition…