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NEW YORK STATE ASSOCIATION OF NURSE ANESTHETISTS v. NOVELLO

301 A.D.2d 895 (2003)

753 N.Y.S.2d 615

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

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

Decided January 23, 2003.

Spain, J.

In 1997, defendants created an ad hoc Committee on Quality Assurance in Office-based Surgery (hereinafter Committee) to investigate and report a means of establishing a standard of care for surgeries performed in private offices. Defendants appointed the Committee in recognition of the fact that the rate of surgeries performed in private offices was increasing at unprecedented levels but they were not regulated...

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