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

33 A.D.3d 1138 (2006)

823 N.Y.S.2d 552

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

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

Decided October 26, 2006.

Rose, J.

Plaintiffs are a trade association and a number of its clinical laboratory members holding permits issued by defendant New York State Department of Health (hereinafter Department) pursuant to Public Health Law title V. To assure the quality and accuracy of the testing services performed by such laboratories, the Department operates an inspection and reference program (hereinafter the program). The program includes the periodic inspection and evaluation of...

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