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CITY OF UTICA v. DAINES

53 A.D.3d 922 (2008)

862 N.Y.S.2d 173

CITY OF UTICA, Appellant, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents.

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

Decided July 17, 2008.

Mercure, J.P.

In this declaratory judgment action, plaintiff challenges the interpretation by defendant Department of Health (hereinafter DOH) of Public Health Law § 3008 (7), which sets forth a process by which municipalities may establish ambulance services. Generally, a proposed ambulance service must obtain both a two-year operating certificate from DOH (see Public Health Law § 3005 [1], [3], [4], [5]) and approval from its regional emergency...

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