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DIOCESE v. DEPT. OF HEALTH

109 A.D.2d 140 (1985)

In the Matter of Roman Catholic Diocese of Albany et al., Respondents-Appellants, et al., Respondents, v. New York State Department of Health et al., Appellants-Respondents, and Upper Hudson Planned Parenthood, Inc., Intervenor-Appellant

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

June 20, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Deborah Bachrach, Robert Hermann, Rosemarie Rhodes, Lawrence S. Kahn, Alan D. Aviles and Martha J. Olson of counsel), for New York State Department of Health and another, appellants-respondents.

Tobin & Dempf (Michael L. Costello, David A. Ruffo and Kevin A. Luibrand of counsel), for respondents-appellants.

Pattison, Sampson, Ginsberg & Griffin, P. C. (Gerald H. Katzman of counsel), for intervenor-appellant.

Madeline Kochen for New York Civil Liberties Union and another, amici curiae.

Anne E. Simon for Center for Constitutional Rights, amicus curiae.

Nadine Taub for Women's Rights Litigation Clinic, amicus curiae.

Hiscock & Barclay (Kenneth J. Connolly of counsel), for Health Systems Agency of Northeastern New York, Inc., appellant-respondent.

MAHONEY, P. J., CASEY and WEISS, JJ., concur; LEVINE, J., concurs in part and dissents in part in an opinion.

Per Curiam.

In June 1983, intervenor, Upper Hudson Planned Parenthood, Inc. (Planned Parenthood), applied to respondent New York State Department of Health (DOH) pursuant to Public Health Law § 2802 for approval of an expansion of its existing, licensed health clinics in the Cities of Albany and Hudson to enable them to provide nonhospital abortion services. Under both State law (Public Health Law § 2802) and Federal...

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