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MATTER OF ASHLAND PHARMACY, INC. v. WING

233 A.D.2d 241 (1996)

650 N.Y.S.2d 110

In the Matter of Ashland Pharmacy, Inc., Appellant, v. Brian I. Wing, Respondent

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

November 21, 1996

The termination of petitioner's provider status was neither arbitrary and capricious nor an abuse of discretion, where an inspection, made in good faith, revealed five violations of proper practices, most significantly, overfilling containers and substitution of drugs without documentation (see, Matter of HMP Pharmacy Corp. v Perales, 204 A.D.2d 639). Further, the penalty was not so disproportionate to the offense as to shock...

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