Raes Pharmacy, Inc. v. Perales

OPINION OF THE COURT

Order affirmed, with costs. Respondent’s refusal to enroll petitioner as a participating provider was not arbitrary or capricious (see, 18 NYCRR 504.5; see also, Matter of Pell v Board of Educ., 34 NY2d 222).

Concur: Chief Judge Wachtler and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Yesawich, Jr.* Taking no part: Judge Simons.

Designated pursuant to NY Constitution, article VI, § 2.