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GOLDBERG v. CAREY

No. 999, Docket 79-7142.

601 F.2d 653 (1979)

Donald D. GOLDBERG, M.D. and Joseph V. Simoni, Plaintiffs-Appellants, v. Hugh CAREY, as Governor of the State of New York, Robert Abrams, as Attorney General of the State of New York, and Albert B. Lewis, Superintendent of the Insurance Department of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1979.

Attorney(s) appearing for the Case

Morton Povman, Forest Hills, N. Y. (Anderman & Povman, Forest Hills, N. Y., Angelo J. Paliotto, New York City, and Arthur A. Anderman, Forest Hills, N. Y., of counsel), for plaintiffs-appellants.

Rosalind S. Fink, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge:

I.

As part of its no-fault insurance plan for automobile accidents New York determined to regulate the charges that could be made by physicians and other providers of health service in caring for victims covered by the plan. Section 678 of the Insurance Law, which became effective December 1, 1977, provides as follows:

§ 678. Limitations of charges by providers of health services. 1. The charges for services...

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