Attorney(s) appearing for the Case
Eliot Spitzer, Attorney General, New York City (Ann P. Zybert, Michael S. Belohlavek and Marion R. Buchbinder of counsel), for appellants-respondents.
Cadwalader, Wickersham & Taft LLP, New York City (Kathy Hirata Chin, Peter G. Bergmann and William J. Natbony of counsel), for respondent-appellant.
Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur in memorandum; Judge ROSENBLATT taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
The judgment appealed from and the order of the Appellate Division brought up for review should be modified, with costs to defendants, by declaring that the 1.2% assessment imposed by Public Health Law § 2807-d (2) (b) (ii) is constitutional and remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.
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