Opinion
June 10, 1991
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.
Medicaid providers who are denied re-enrollment pursuant to 18 NYCRR part 504 are not entitled to an evidentiary hearing pursuant to 18 N.Y.CRR part 515 (see, Matter of Akhatr v Perales, 173 A.D.2d 539; Matter of G S Pharmacy v Perales, 151 A.D.2d 668; Matter of Garcia v Perales, 168 A.D.2d 557; Matter of Winyard v Perales, 161 A.D.2d 317; Matter of Bezar v New York State Dept. of Social Servs., 151 A.D.2d 44). Thus, the failure to provide the petitioner with a hearing did not deprive her of due process of law.
Moreover, we find that the determination denying the petitioner's application for re-enrollment was neither arbitrary nor capricious. Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.