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ASSN. OF BIOANALYSTS v. AXELROD

106 A.D.2d 53 (1985)

American Association of Bioanalysts, Respondent-Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, Appellant-Respondent. (Action No. 1.) Hospital Association of New York State, Inc., et al., Respondents, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants. (Action No. 2.)

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

January 3, 1985

Attorney(s) appearing for the Case

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

Segal & Sherrin (Jeffrey J. Sherrin of counsel), for respondent-appellant.

Pattison, Sampson, Ginsberg & Griffin (Gerald H. Katzman of counsel), for respondents.

MAHONEY, P. J., CASEY, WEISS and LEVINE, JJ., concur.

KANE, J.

These two actions are for declaratory judgment and injunctive relief. They involve the same legal questions and thus were jointly decided by Special Term.

In both actions, plaintiffs are clinical laboratories which were billed for laboratory inspection and reference fees by the Department of Health (department) on May 27, 1983. The fees so assessed were the result of a sliding-scale fee schedule...

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