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TOWN OF COVERT v. NEW YORK

46740.

39 Misc.3d 199 (2013)

957 N.Y.S.2d 853

2013 NY Slip Op 23019

In the Matter of TOWN OF COVERT, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH, Respondent.

Supreme Court, Seneca County.

January 18, 2013.

Attorney(s) appearing for the Case

Scicchitano & Pinsky, PLLC ( Bradley M. Pinsky of counsel), for petitioner. Eric T. Schneiderman , Attorney General ( Gary M. Levine of counsel), for respondent.

OPINION OF THE COURT

DENNIS F. BENDER, J.

The petitioner herein, the Town of Covert has filed this CPLR article 78 proceeding asking this court to require the New York State Department of Health (hereinafter the State) to issue an ambulance service certificate to the petitioner which includes as primary territory the Village of Interlaken, pursuant to Public Health Law § 3008 (7). Further, the Town seeks a declaration that a portion of the New York...

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