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MATTER OF KARANJA v. PERALES

163 A.D.2d 264 (1990)

In the Matter of John Karanja, Doing Business as John Karanja Pharmacy and Another, Respondent, v. Cesar A. Perales, as Commissioner of Social Services of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 26, 1990

Petitioner, the owner of a pharmacy, who was denied reenrollment as a provider in respondent's Medicaid program, brings this CPLR article 78 proceeding challenging that determination as arbitrary and capricious and as violative of lawful procedure in that it was made without a hearing. We are committed to the view that a Medicaid provider denied reenrollment under 18 NYCRR part 504 has neither a constitutional nor statutory right...

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