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TLC MED. TRANSP. INC. v. DAINES

2009-4221.

28 Misc.3d 353 (2009)

898 N.Y.S.2d 765

TLC MEDICAL TRANSPORTATION SERVICES, INC., Petitioner, v. RICHARD F. DAINES, M.D., as Commissioner of the New York State Department of Health, et al., Respondents.

Supreme Court, Onondaga County.

Decided December 18, 2009.

Attorney(s) appearing for the Case

Primo Law Offices ( David M. Primo of counsel), for petitioner. Andrew M. Cuomo , Attorney General ( Edward F. McArdle of counsel), for respondents.

OPINION OF THE COURT

ANTHONY J. PARIS, J.

By verified petition dated June 10, 2009 and supporting affidavit of David J. Butler and supporting affidavit of David M. Primo, Esq., filed on June 11, 2009, petitioner commenced this CPLR article 78 proceeding as both a writ of prohibition and a writ of mandamus seeking to annul respondents' decision of February 12, 2009, which decision denied petitioner's request for recertification of its ambulance service pursuant...

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