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AMERICAN ASSOCIATION OF BIOANALYSTS v. NEW YORK STATE DEPARTMENT OF HEALTH

12 A.D.3d 868 (2004)

784 N.Y.S.2d 717

AMERICAN ASSOCIATION OF BIOANALYSTS et al., Respondents, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Appellants.

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

November 18, 2004.

Peters, J.

Plaintiffs commenced this suit challenging the implementation by defendant Department of Health (hereinafter DOH) of Public Health Law § 576 (4), which directs DOH to impose a fee upon clinical laboratories based upon each laboratory's proportionate share of the total "actual costs and expenses" (Public Health Law § 576 [4] [e]) that DOH incurs in operating the Clinical Laboratory Inspection and Reference Program (hereinafter the program). While...

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