1759 Pharmacy Inc. v. Perales

— Order of the Supreme Court, New York County (Alfred Toker, J.), entered May 22, 1991, which denied petitioner’s application for a declaration that 18 NYCCR 504.5 (a) (14) was void and to enjoin respondents from denying petitioner enrollment as a Medicaid provider, and dismissing *454the CPLR article 78 proceeding, unanimously affirmed, without costs.

Petitioner 1759 Pharmacy Inc., a licensed New York corporation, applied to respondent New York State Department of Social Services (DSS) for enrollment as a Medicaid provider. DSS denied the application in a letter that stated in part: "We have…