Medicare & Medicaid Guide P 40,091 Fsk Drug Corp. v. Cesar A. Perales, Commissioner of the New York Department of Social Services

JON 0. NEWMAN, Circuit Judge:

This appeal raises equal protection challenges to the re-enrollment provisions of New York State’s Medicaid regulations. Finding the challenges foreclosed by the reasoning in our recent decision in 701 Pharmacy Corp. v. Perales, 930 F.2d 163 (2d Cir.), cert. denied, — U.S. -, 112 S.Ct. 67, 116 L.Ed.2d 42 (1991), we affirm the dismissal of the action on motion for summary judgment.

FSK Drug Corporation (the “Company”) appeals from the November 4, 1991, judgment of the District Court for the Eastern District of New York (Weinstein, Judge) granting the defendant’s…