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FINGER LAKES v. ST. JOSEPH'S

81 A.D.2d 403 (1981)

Finger Lakes Health Systems Agency, Appellant, v. St. Joseph's Hospital et al., Respondents. (Action No. 1.) The People of the State of New York, Appellant, v. St. Joseph's Hospital et al., Respondents. (Action No. 2.)

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

July 9, 1981

Attorney(s) appearing for the Case

Middleton, Wilson, Boylan & Gianniny (John M. Wilson, II, of counsel; Alan S. Lockwood with him on the brief), for Finger Lakes Health Systems Agency, appellant.

Robert Abrams, Attorney-General (Alan W. Rubenstein, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for the People of the State of New York, appellant.

Harris, Beach, Wilcox, Rubin & Levey (William L. Dorr of counsel), for St. Joseph's Hospital, respondent.

MAHONEY, P. J., SWEENEY and WEISS, JJ., concur with CASEY, J.; KANE, J., concurs in a separate opinion.

CASEY, J.

The Finger Lakes Health Systems Agency (FLHSA) was established by the National Health Planning & Resources Development Act of 1974 to oversee and control health care services within its designated area. In 1978 it advised all hospitals in the City of Elmira that it was processing a plan for its area in regard to the regulation of computerized axial tomography scanners and the services provided thereby...

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