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McKINNEY v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH

41 A.D.3d 252 (2007)

840 N.Y.S.2d 6

MARY McKINNEY et al., Appellants, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

Decided June 19, 2007.

We reject defendants' arguments that the individual plaintiff does not have taxpayer standing under State Finance Law § 123-b (1) (see Saratoga County Chamber of Commerce v Pataki, 100 N.Y.2d 801, 813-814 [2003], cert denied 540 U.S. 1017 [2003] [claim that it is illegal to spend money at all for questioned activity likely provides taxpayer standing]), and that Westchester Square Medical Center (WSMC), on which the individual...

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