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NY CLINICAL LAB. v. DeBUONO

250 A.D.2d 95 (1998)

679 N.Y.S.2d 192

In the Matter of New York State Clinical Laboratory Association, Inc., Appellant, v. Barbara DeBuono, as Commissioner of The New York State Department of Health, et al., Respondents

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

October 29, 1998

Attorney(s) appearing for the Case

Harter, Secrest & Emery, Rochester (Thomas G. Smith of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Gina M. Ciccone of counsel), for respondents.

Hinman, Straub, Pigors & Manning, Albany (Eileen M. Considine of counsel), for New York State Conference of Blue Cross and Blue Shield Plans, amicus curiae.

MIKOLL, J. P., MERCURE, CREW III and YESAWICH JR., JJ., concur.

PETERS, J.

Appeal from a judgment of the Supreme Court (Cobb, J.), entered May 29, 1997 in Albany County, which, inter alia, dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, challenging certain provisions of the Health Care Reform Act of 1996.

Petitioner, a trade association of free-standing clinical laboratory organizations...

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