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AM. ASS'N OF BIOANALYSTS v. AXELROD

130 A.D.2d 889 (1987)

American Association of Bioanalysts, Respondent, v. David Axelrod, as Commissioner of Health, Appellant

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

May 21, 1987

Kane, J.

The facts underlying this case are detailed in our prior decision in this matter (106 A.D.2d 53, appeal dismissed 65 N.Y.2d 847). Therein, this court declared, inter alia, that the 1983 fee schedule established by respondent was invalid. Subsequently, members of plaintiff who paid fees pursuant to this invalid regulation sought a refund of their moneys. When...

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