OSBORN MEM. HOME v. CHASSIN


240 A.D.2d 143 (1998)

669 N.Y.S.2d 613

Miriam Osborn Memorial Home Association, Appellant, v. Mark R. Chassin, 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, Second Department.

March 2, 1998


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for appellant.

Dennis C. Vacco, Attorney-General, New York City (Kay-Ann D. Porter of counsel), for respondents.

RITTER, KRAUSMAN and FLORIO, JJ., concur.


ROSENBLATT, J. P.

Public Health Law § 2807-d imposes monetary assessments on residential health care facilities requiring them to pay a percentage of gross receipts from all patient care services and operating income during specified time periods. The question before us is whether that section may be enforced lawfully and constitutionally as against the appellant, Miriam Osborn Memorial Home Association...

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