MATTER OF DIP PHARMACY, INC. v. PERALES


211 A.D.2d 790 (1995)

621 N.Y.S.2d 905

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

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

January 30, 1995


Ordered that the judgment is reversed, without costs or disbursements, and the proceeding is remitted to the Supreme Court, Kings County with directions to dismiss the proceeding solely upon the grounds that the issues are moot.

Since the petitioner pharmacy is no longer in business, its application to become a Medicaid provider is now moot (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707...

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