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MATTER OF EXPRESS SCRIPTS, INC. v. METROPOLITAN TR. AUTH.

Index No. 154379/19. Appeal Nos. 12642, 12642A. Case No. 2020-02651.

189 A.D.3d 535 (2020)

133 N.Y.S.3d 826

2020 NY Slip Op 07492

In the Matter of Express Scripts, Inc., Appellant, v. Metropolitan Transit Authority et al., Respondents.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Hodgson Russ LLP, New York ( Carmine J. Castellano of counsel), for appellant.

Baker & Hostetler LLP, New York ( Maximillian S. Shifrin of counsel), for Metropolitan Transit Authority and New York City Transit Authority, respondents.

Foley & Lardner LLP, New York ( Robert A. Scher of counsel), for CaremarkPCS Health, LLC, respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

Petitioner Express Scripts, Inc. (ESI) failed to show that a decision by the Metropolitan Transit Authority (MTA) to forego the competitive bidding process for a new pharmacy benefits manager (PBM) was arbitrary, capricious, or an abuse of power (see CPLR 7803; District Council 37, Am. Fedn. of State, County & Mun. Empls., AFL-CIO v City of New York, 22 A.D.3d 279, 283-284 [1st Dept 2005]; Matter of Pell v Board of...

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