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ST. JOSEPH HOSP. v. NOVELLO

43 A.D.3d 139 (2007)

840 N.Y.S.2d 263

ST. JOSEPH HOSPITAL OF CHEEKTOWAGA et al., Appellants, v. ANTONIA C. NOVELLO, as New York State Health Commissioner, et al., Respondents.

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

July 18, 2007.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo (Kenneth A. Manning of counsel), for plaintiffs-appellants.

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for defendants-respondents.

SCUDDER, P.J., LUNN and PERADOTTO, JJ., concur with CENTRA, J.; FAHEY, J., dissents and votes to reverse in accordance with a separate opinion.

OPINION OF THE COURT

CENTRA, J.

At issue on this appeal is the constitutionality of certain Enabling Legislation, i.e., section 31 of part E of chapter 63 of the Laws of 2005, adding part K (hereafter, Legislation). Pursuant to the Legislation, the Legislature created defendant New York State Commission on Health Care Facilities in the 21st Century (Commission) and charged it with "examining the supply of general hospital and nursing home facilities, and...

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