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MTR HAMPTONS HOSP v. MOORE

52 N.Y.2d 88 (1981)

In the Matter of Hamptons Hospital & Medical Center, Inc., Respondent, v. Norman S. Moore, as Chairman of the Public Health Council of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 15, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Barbara B. Butler, Shirley Adelson Siegel and George D. Zuckerman of counsel), for appellants.

Adlai S. Hardin, Jr., and Stephen J. Blauner for respondent.

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

JASEN, J.

We hold that the Public Health Council had power to re-evaluate an initial determination of public need for establishment of a hospital where its initial determination had not received final approval and that the Public Health Council was not estopped from re-evaluating that determination of public need.

In 1972, the Public Health Council passed a resolution whereby it proposed to approve petitioner...

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