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  5. 79 N.Y.2d 988 (1992)
 

MATTER OF RAES PHARMACY, INC. v. PERALES

79 N.Y.2d 988 (1992)

In the Matter of Raes Pharmacy, Inc., Appellant, v. Cesar A. Perales, Individually and as Commissioner of Social Services of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1992.

Attorney(s) appearing for the Case

Jerome I. Sager and Laurie Lombardo for appellant.

Robert Abrams, Attorney-General (Robert A. Forte and Jerry Boone of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and YESAWICH, JR. Taking no part: Judge SIMONS.

Order affirmed, with costs. Respondent's refusal to enroll petitioner as a participating provider was not arbitrary or capricious (see, 18 NYCRR 504.5; see also, Matter of Pell v Board of Educ., 34 N.Y.2d 222

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