1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 2 N.Y.3d
  5. 2 N.Y.3d 207 (2004)
 

NURSE ANESTHETISTS v. NOVELLO

2 N.Y.3d 207 (2004)

810 N.E.2d 405

778 N.Y.S.2d 123

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

Court of Appeals of the State of New York.

Decided March 30, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Evelyn M. Tenenbaum, Caitlin Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for appellants.

Boies, Schiller & Flexner LLP, Albany (George F. Carpinello and Martin G. Deptula of counsel), for respondent.

Higgins, Roberts, Beyerl & Coan, P.C., Schenectady (Charles J. Assini, Jr., of counsel), and Squire, Sanders & Dempsey L.L.P., Washington, D.C. (Scott T. Kragie of counsel), for American Society of Anesthesiologists and others, amici curiae.

Nutter, McClennen & Fish, LLP, Boston, Massachusetts (Gene A. Blumenreich and Ronald E. Cahill of counsel), for American Association of Nurse Anesthetists, amici curiae.

Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur with Chief Judge Kaye; Judge R.S. Smith dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

Defendant New York State Department of Health routinely issues guidelines and advisories on a variety of health-related topics. Challenged on this appeal are the Department of Health's "Clinical Guidelines for Office-based Surgery." Plaintiff—a not-for-profit corporation that represents more than 750 certified registered nurse anesthetists (CRNAs), nurses specially trained...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases