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.