
    In the Matter of Raes Pharmacy, Inc., Appellant, v Cesar A. Perales, Individually and as Commissioner of Social Services of the State of New York, Respondent.
    Argued March 31, 1992;
    decided April 30, 1992
    
      APPEARANCES OF COUNSEL
    
      Jerome I. Sager and Laurie Lombardo for appellant.
    
      Robert Abrams, Attorney-General (Robert A. Forte and Jerry Boone of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, with costs. Respondent’s refusal to enroll petitioner as a participating provider was not arbitrary or capricious (see, 18 NYCRR 504.5; see also, Matter of Pell v Board of Educ., 34 NY2d 222).

Concur: Chief Judge Wachtler and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Yesawich, Jr. Taking no part: Judge Simons. 
      
       Designated pursuant to NY Constitution, article VI, § 2.
     