Hull Avenue Pharmacy, Inc. v. Kaladjian

—Order and judgment (one paper), Supreme Court, New York County (Martin Evans, J.), entered on February 9, 1995, which inter alia, granted petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination terminating petitioner’s Medicaid provider status, unanimously affirmed, without costs.

*294The IAS Court properly annulled, respondent’s determination terminating petitioner’s participation as a Medicaid provider as arbitrary and capricious, since the evidence failed to support the stated reason for the termination, namely, that petitioner pharmacy carried "misbranded…