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ADL, Inc. v. Perales

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1991
171 A.D.2d 442 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

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


The scope of judicial review of an administrative determination is limited to ascertaining whether it is rationally-based. (Matter of Pell v Board of Educ., 34 N.Y.2d 222.) Here, denial of petitioner-appellant's application for re-enrollment as a Medicaid provider cannot be considered arbitrary or capricious, in light of numerous documented practice deficiencies detected through State Department of Health surveys of petitioner-appellant's laboratory practices, and in light of the findings of petitioner-appellant's employment of unqualified laboratory personnel, lack of quality control, improper handling of specimens, inadequate record-keeping, and poor laboratory management. As the New York State Department of Social Services has wide discretion to determine whether to enter into a contract with an applicant under the Medicaid provider program, and as the basis for its determination to deny re-enrollment in this case was conveyed to petitioner-appellant and is quite rational, there is no merit to petitioner-appellant's claim that respondents' denial of its application for re-enrollment was arbitrary and capricious. (See, Matter of Karanja v Perales, 163 A.D.2d 264.)

We have reviewed petitioner-appellant's additional claims and find them to be without merit.

Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Kassal, JJ.


Summaries of

ADL, Inc. v. Perales

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1991
171 A.D.2d 442 (N.Y. App. Div. 1991)
Case details for

ADL, Inc. v. Perales

Case Details

Full title:In the Matter of ADL, INC., Appellant, v. CESAR A. PERALES, as Social…

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 442 (N.Y. App. Div. 1991)
567 N.Y.S.2d 27

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