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NY UNIV MED CTR. v. AXELROD

150 Misc.2d 447 (1991)

In the Matter of New York University Medical Center, a Division of New York University, et al., Petitioners, v. David Axelrod, as Commissioner of the New York State Department of Health, Respondent. Beth Israel Medical Center et al., Intervenors-Respondents.

Supreme Court, Albany County.

November 4, 1991

Attorney(s) appearing for the Case

Garfunkel, Wild & Travis (Frederick Miller and Kevin J. Fitzgerald of counsel), for petitioners. Robert Abrams, Attorney-General (Ellen Lacy Messina of counsel), for respondent. Proskauer, Rose, Goetz & Mendelsohn (Edward S. Kornreich, Irwin M. Birnbaum and Charles S. Sims of counsel), for Beth Israel Medical Center and others, intervenors-respondents. Hinman, Straub, Pigors & Manning (Bartley J. Costello, III, and Eileen Considine of counsel), for New York State Conference of Blue Cross & Blue Shield Plans and another, intervenors-respondents.

F. WARREN TRAVERS, J.

Petitioners commenced this CPLR article 78 proceeding to obtain an order declaring a regulation of respondent Commissioner of Health (hereinafter COH) invalid and to enjoin its enforcement. Petitioners also seek an order directing the promulgation of a new regulation. The regulation being challenged is found at 10 NYCRR 86-1.60 (b) and is the regulation which provides the methodology implementing...

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