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NURSE ANESTHETISTS v. NOVELLO

189 Misc.2d 564 (2001)

734 N.Y.S.2d 420

NEW YORK STATE ASSOCIATION OF NURSE ANESTHETISTS, Plaintiff, v. ANTONIA C. NOVELLO, as Commissioner of Health, et al., Defendants.

Supreme Court, Albany County.

November 25, 2001.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner, L. L. P., Albany (George F. Carpinello of counsel), for plaintiff.

Eliot Spitzer, Attorney General, Albany (Charles J. Quackenbush of counsel), for defendants.

OPINION OF THE COURT

BERNARD J. MALONE, JR., J.

The plaintiff is awarded summary judgment declaring that the Clinical Guidelines for Office-Based Surgery (Guidelines) promulgated by the defendants and published on the New York State Department of Health (DOH) Web site during December of 2000 are null and void and of no force and effect. The court finds that defendants' actions in enacting the Guidelines were ultra vires, and the plaintiff is granted a permanent...

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