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LITTAUER HOSP. v. SPITZER

287 A.D.2d 202 (2001)

734 N.Y.S.2d 671

NATHAN LITTAUER HOSPITAL ASSOCIATION et al., Respondents, v. ELIOT L. SPITZER, as Attorney General of the State of New York, Appellant.

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

December 20, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (William Josephson of counsel), for appellant.

Harris Beach L. L. P., Rochester (Paul R. Braunsdorf of counsel), for Nathan Littauer Hospital Association, respondent.

Tobin & Dempf, Albany (Michael L. Costello of counsel), for St. Mary's Hospital at Amsterdam, respondent.

Arnold & Porter, New York City (Genevieve R. Bishop of counsel), for Save Our Services-Gloversville and others, amici curiae.

O'Connell & Aronowitz, Albany (Jeffrey J. Sherin of counsel), for Healthcare Trustees of New York State, amicus curiae.

Wilson, Elser, Moskowitz, Edelman & Dicker L. L. P., Albany (Darrell E. Jeffers of counsel), for Healthcare Association of New York State and others, amici curiae.

CARDONA, P. J., CARPINELLO, MUGGLIN and ROSE, JJ., concur.

OPINION OF THE COURT

CREW III, J.

Plaintiffs, Nathan Littauer Hospital Association and St. Mary's Hospital at Amsterdam, are not-for-profit hospitals located in the City of Gloversville, Fulton County, and the City of Amsterdam, Montgomery County, respectively. Colonial Healthcare Corporation, a not-for-profit corporation, is the sole member of Littauer, and Carondelet Health Systems, Inc., also a not-for-profit corporation, is a corporate member of St....

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