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MATTER OF CITY OF UTICA v. DAINES

512517.

95 A.D.3d 1467 (2012)

944 N.Y.S.2d 361

2012 NY Slip Op 3696

In the Matter of CITY OF UTICA, Appellant, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 10, 2012.

EGAN Jr., J.

Public Health Law article 30 governs—insofar as is relevant here—the certification of ambulance services in the state (see Public Health Law § 3000 et seq.). Pursuant to the terms thereof, no ambulance service may commence operations without a valid operating certificate (see Public Health Law § 3005 [1]), and any new ambulance service seeking to operate in a given locale must first secure the approval of the...

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