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Melco Drug Corp., Inc. v. Perales

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1991
170 A.D.2d 375 (N.Y. App. Div. 1991)

Opinion

February 26, 1991

Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).


As this Court has previously held, Medicaid providers have no constitutionally protected rights to continued participation in the Medicaid program and, therefore, no right to a hearing upon denial of re-enrollment. (Winyard v Perales, 161 A.D.2d 317, 319, appeal dismissed 76 N.Y.2d 888.)

This Court has considered each respondent's argument that the determination of the Department of Social Services denying each respondent's re-enrollment application pursuant to 18 N.Y.CRR part 504 was arbitrary and capricious. However, the record reveals ample support for the determination in each case, and thus respondents' petitions filed pursuant to CPLR article 78 are dismissed.

Concur — Murphy, P.J., Sullivan, Rosenberger, Ross and Asch, JJ.


Summaries of

Melco Drug Corp., Inc. v. Perales

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1991
170 A.D.2d 375 (N.Y. App. Div. 1991)
Case details for

Melco Drug Corp., Inc. v. Perales

Case Details

Full title:MELCO DRUG CORP., INC., et al., Respondents, v. CESAR A. PERALES…

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

Date published: Feb 26, 1991

Citations

170 A.D.2d 375 (N.Y. App. Div. 1991)
566 N.Y.S.2d 268