RITTERBAND v. AXELROD


149 Misc.2d 135 (1990)

In the Matter of Arnold B. Ritterband, Petitioner, v. David M. Axelrod, as Commissioner of the Department of Health of the State of New York, et al., Respondents.

Supreme Court, Albany County.

November 13, 1990


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Victor Paladino of counsel), for respondents. Maynard, O'Connor & Smith for petitioner.


JOSEPH HARRIS, J.

In this CPLR article 78 proceeding, petitioner challenges the validity of 10 NYCRR 405.3 (b) (10), (11) and (13). These Health Department regulations require that hospitals provide physical examinations and record medical histories for "all employees, members of the medical staff, students, and volunteers whose activities are such that a health impairment would pose a potential risk to patients...

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