BROOKLYN HOSP. v. AXELROD


97 A.D.2d 493 (1983)

Brooklyn Hospital, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants

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

October 24, 1983


Judgment reversed, on the law, with costs, plaintiff's motion denied, and summary judgment granted in favor of defendants declaring the regulation in question to be valid.

The issue in the instant case concerns the validity of 10 NYCRR 86-1.21 (m) (3) (ii) (d). This regulation was promulgated by the State Commissioner of Health and adopted by the State Hospital Review and Planning Council to carry out the provisions of third subdivision 4 of section 2807 of...

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