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HOSP. ASSN. v. AXELROD

164 A.D.2d 518 (1990)

In the Matter of Hospital Association of New York State et al., Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents. (Proceeding No. 1.) In the Matter of New York State Conference of Blue Cross and Blue Shield Plans, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, Respondent, and Hospital Association of New York State et al., Proposed Intervenors-Appellants. (Proceeding No. 2.)

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

December 27, 1990

Attorney(s) appearing for the Case

Segal, Sherrin & Glasel (Jeffrey J. Sherrin of counsel), for appellants.

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for David Axelrod and others, respondents.

Hinman, Straub, Pigors & Manning, P. C. (Bartley J. Costello, III, of counsel), for New York State Conference of Blue Cross and Blue Shield Plans, respondent.

Harry Franklin (Carol G. Dunham of counsel), for Committee of Interns and Residents, amicus curiae.

Le Boeuf, Lamb, Leiby & MacRae (Jay G. Safer, Sally A. Morris and Ellen C. Connolly of counsel), and Donald Moy for The Medical Society of the State of New York, amicus curiae.

KANE, J. P., YESAWICH, JR., LEVINE and MERCURE, JJ., concur.

MIKOLL, J.

The Department of Health (hereinafter DOH) promulgated new regulations (10 NYCRR part 405) which, inter alia, limit the number of hours interns and residents, i.e., postgraduate trainees (hereinafter PGTs), may work at hospitals, expand requirements for their supervision, and require all hospitals to provide sufficient ancillary and support services to relieve nurses and house staff from nondirect...

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