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MTR. OF HAMBURG v. McBARNETTE

83 N.Y.2d 726 (1994)

635 N.E.2d 1225

613 N.Y.S.2d 355

In the Matter of Margaret Hamburg, as Acting Commissioner of the New York City Department of Health, et al., Respondents, v. Lorna McBarnette, as Acting Commissioner of the New York State Department of Health, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 14, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, New York City (Mark G. Peters and Jerry Boone of counsel), for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Linda H. Young and Pamela Seider Dolgow of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The issue in this case is whether the determination of the State Department of Health (State DOH), denying State aid reimbursement to the New York City Department of Health (City DOH) for certain public health services that were contracted-out to other City agencies, was arbitrary and capricious.

In 1986, the Legislature enacted, effective January 1, 1988, a new article 6 of the Public Health...

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