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MATTER OF WEINER v. PERALES

160 A.D.2d 567 (1990)

In the Matter of Lowell Weiner, Doing Business as Lowell's Pharmacy, Respondent, v. Cesar Perales, Individually and as Commissioner of The New York State Department of Social Services, Appellant

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

April 24, 1990

Although this court has held that a Medicaid provider does not have a constitutionally protected property right to continued participation in the program (Matter of Barata v Perales, 157 A.D.2d 623), the IAS Part correctly concluded that, under the circumstances of this case, respondent acted arbitrarily and capriciously in denying petitioner's application for reenrollment. The regulations applicable to petitioner's appeal of

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