MATTER OF HMP PHARMACY CORP. v. PERALES


204 A.D.2d 639 (1994)

612 N.Y.S.2d 218

In the Matter of HMP Pharmacy Corp., Appellant, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, Respondent

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

May 23, 1994


Ordered that the order and judgment is affirmed, with costs.

An administrative agency's decision in terminating an "at will" relationship must be sustained upon review unless it is found to have been made in bad faith (see, Matter of Rivoli v Stern, 160 A.D.2d 601, 602). This applies, inter alia, to the "at will" contractual relationship of Medicaid providers with the New York State Department of Social Services...

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