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  5. 48 N.Y.2d 583 (1979)
 

COHOES HOSP. v. HEALTH DEPT.

48 N.Y.2d 583 (1979)

In the Matter of Cohoes Memorial Hospital, Appellant, v. Department of Health of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Michael M. Emminger for appellant.

Robert Abrams, Attorney-General (George M. Thorpe and Shirley Adelson Siegel of counsel), for the Department of Health and another, respondents.

David W. Morris for Robert C. Yates and another, respondents.

Judges WACHTLER, FUCHSBERG and MEYER concur with Judge JASEN; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge GABRIELLI concur.

JASEN, J.

The issue presented on this appeal is whether a determination of the Public Health Council pursuant to section 2801-b of the Public Health Law is subject to direct judicial review.

The pertinent facts may be briefly stated. In 1971, Dr. Robert C. Yates and Dr. Edward L. Schwartz were appointed to the active professional staff of Cohoes Memorial Hospital. During the course of their association...

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