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

507718.

75 A.D.3d 939 (2010)

906 N.Y.S.2d 356

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

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

Decided July 22, 2010.

Rose, J.

Plaintiffs are a trade association and a number of its clinical laboratory members that were required to pay inspection and reference fees to defendant Department of Health because they were located in or accepting specimens from New York State (see Public Health Law, art 5, tit V). The Department is authorized to impose these annual fees in an amount not exceeding the actual cost of operating and administering the clinical laboratory inspection and...

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