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LEADINGAGE N.Y., INC. v. SHAH

No. 93.

32 N.Y.3d 249 (2018)

114 N.E.3d 1032

90 N.Y.S.3d 579

2018 NY Slip Op 06965

In the Matter of LEADINGAGE NEW YORK, INC., et al., Appellants-Respondents, v. NIRAV SHAH, as Commissioner of Health, et al., Respondents-Appellants. (Proceeding No. 1.) In the Matter of COALITION OF NEW YORK STATE PUBLIC HEALTH PLANS et al., Appellants-Respondents, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents-Appellants. (Proceeding No. 2.)

Court of Appeals of New York.

Decided October 18, 2018.

Attorney(s) appearing for the Case

Hinman Straub P.C., Albany ( David T. Luntz of counsel), and O'Connell & Aronowitz, P.C., Albany ( Cornelius D. Murray of counsel), for appellants-respondents in the first above-entitled proceeding.

Greenberg Traurig LLP, Albany ( Henry M. Greenberg and Harold N. Iselin of counsel), Mannatt, Phelps & Phillips, LLP, Albany ( James W. Lytle of counsel), and O'Melveny & Myers LLP, New York City ( Andrew J. Frackman and Abby F. Rudzin of counsel), for appellants-respondents in the second above-entitled proceeding.

Barbara D. Underwood , Attorney General, New York City ( Matthew W. Grieco and Steven C. Wu of counsel), for respondents-appellants in the first and second above-entitled actions.

OPINION OF THE COURT

This appeal involves a challenge, on separation of powers grounds, to regulations promulgated by the Department of Health (DOH) limiting executive compensation and administrative expenditures by certain health care providers receiving state funds...

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