MATTER OF VICTORY MEM'L HOSP. v. WHALEN


74 A.D.2d 876 (1980)

In the Matter of Victory Memorial Hospital, Petitioner, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 17, 1980


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The criteria applied by the Department of Health are reasonable standards by which it might ensure that computerized axial tomography scanner would be placed in those facilities with active neurological practices, areas in which the equipment would be utilized most effectively. There being no showing that the number of approved scanners in other facilities within petitioner...

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