CONCERNED HOME CARE PROVIDERS, INC. v. NEW YORK STATE DEPARTMENT OF HEALTH

2014-07952, Index No. 15593/13.

134 A.D.3d 1065 (2015)

21 N.Y.S.3d 631

2015 NY Slip Op 09651

CONCERNED HOME CARE PROVIDERS, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

Decided December 30, 2015.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that Executive Order (Cuomo) No. 38 (9 NYCRR 8.38) and 10 NYCRR part 1002 are not unconstitutional, void ab initio, or violative of the separation of powers doctrine.

For the reasons stated in our opinion and order in a companion appeal (see Agencies...

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