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ULSTER v. DEPT OF HEALTH

83 A.D.2d 405 (1981)

County of Ulster, Respondent, v. State of New York Department of Health et al., Appellants

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

December 3, 1981

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein, William J. Kogan and Shirley Adelson Siegel of counsel), for appellants.

Francis T. Murray, County Attorney (Brian L. Findholt of counsel), for respondent.

MAHONEY, P. J., KANE, YESAWICH, JR., and WEISS, JJ., concur.

HERLIHY, J.

By order dated November 28, 1979, the Acting Commissioner of Health of the State of New York designated the plaintiff County of Ulster as a primary registration district for the registration of births and deaths. The order provided, in part: "[T]hat such designation shall be effective on the 1st day of March, 1980, provided that a duly certified copy of the Resolution of the Board of Supervisors of said

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