MATTER OF IDANT LABS. v. STATE OF NEW YORK DEP'T OF HEALTH


243 A.D.2d 369 (1997)

663 N.Y.S.2d 196

In the Matter of Idant Laboratories et al., Appellants, v. State of New York Department of Health et al., Respondents

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

October 28, 1997


The decision to grant or deny blood bank and clinical laboratory licenses depends on whether "the clinical laboratory or blood bank is competently staffed and properly equipped, and will be operated in the manner required by this title" (Public Health Law § 575 [2]). This evaluation of operational practices and other factual data obviously requires expertise, and is not at all in the nature of a ministerial act. Therefore, it should be accorded deference (see...

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