Merck-Medco Managed Care, L. L. C. v. Value Health, Inc.

Appeal from an order of the Supreme Court (Teresi, J.), entered February 24, 1998 in Albany County, which denied petitioner’s application for preaction disclosure.

Petitioner, a prescription drug benefit manager, has previously competed against respondents for the award of a State contract to provide prescription drug services for the Empire Plan, a health insurance program for State employees. Although petitioner has been awarded this contract in the past, respondent ValueRx Pharmacy Program, Inc. is the current holder of the contract. Having failed in its latest efforts to procure this…