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MATTER OF NOSTRAND GATES PHARMACY, INC. v. PERALES

173 A.D.2d 474 (1991)

In the Matter of Nostrand Gates Pharmacy, Inc., Respondent, v. Cesar A. Perales et al., Appellants

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

May 6, 1991

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

The Supreme Court erred in finding that the petitioner was entitled to a hearing. Medicaid providers who are denied re-enrollment pursuant to 18 NYCRR part 504 are not entitled to an evidentiary hearing pursuant to 18 NYCRR part 515 (see, Matter of Garcia v Perales, 168 A.D.2d 557

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