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MATTER OF HULL AVE. PHARMACY, INC. v. KALADJIAN

226 A.D.2d 293 (1996)

642 N.Y.S.2d 214

In the Matter of Hull Avenue Pharmacy, Inc., Respondent, v. Gregory M. Kaladjian, Individually and as Acting Social Services Commissioner of The State of New York, Appellant

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

April 30, 1996

The IAS Court properly annulled respondent's determination terminating petitioner's participation as a Medicaid provider as arbitrary and capricious, since the evidence failed to support the stated reason for the termination, namely, that petitioner pharmacy carried "misbranded drugs" as defined by Education Law § 6815 (2), and that such would "imminently endanger" the "public health or welfare or the health or welfare of a...

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