Opinion
May 13, 1991
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.
Contrary to the petitioner's claims, he has no right under 18 NYCRR part 504 to an evidentiary hearing to determine whether his application for re-enrollment in the Medicaid program was properly denied (see, Matter of Siddiqui v Commissioner of N Y State Dept. of Social Servs., 170 A.D.2d 922; Matter of Garcia v Perales, 168 A.D.2d 557; Matter of G S Pharmacy v Perales, 151 A.D.2d 668), nor does he have any due process right to such a hearing (see, Winyard v Perales, 161 A.D.2d 317; Matter of Barata v Perales, 157 A.D.2d 623; Matter of G S Pharmacy v Perales, supra). In addition, we find that the determination denying the petitioner's application for re-enrollment was neither arbitrary nor capricious and the Supreme Court, giving no reasons, improperly annulled the determination. Kooper, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.