Opinion
Argued March 31, 1992
Decided April 30, 1992
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Clifford A. Scott, J.
Jerome I. Sager and Laurie Lombardo for appellant.
Robert Abrams, Attorney-General (Robert A. Forte and Jerry Boone of counsel), for respondent.
Order affirmed, with costs. Respondent's refusal to enroll petitioner as a participating provider was not arbitrary or capricious (see, 18 N.Y.CRR 504.5; see also, Matter of Pell v Board of Educ., 34 N.Y.2d 222).
Concur: Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and YESAWICH, JR. Taking no part: Judge SIMONS.
Designated pursuant to N Y Constitution, article VI, § 2.