Ray Pharmacy, Inc. v. Perales

Judgment of the Supreme Court, New York County (Andrew R. Tyler, J.), entered July 17, 1989, which granted the petition in this CPLR article 78 *634proceeding to the extent of remanding the matter to the respondent for an evidentiary hearing and denied respondent’s cross motion to dismiss the proceeding, is unanimously reversed, on the law, and the cross motion by respondent for judgment dismissing the proceeding granted, without costs or disbursements. The clerk is directed to enter judgment in favor of respondent-appellant dismissing the proceeding.

By notice dated November 3, 1988, respondent…