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MATTER OF NORTH SHORE AMBULANCE AND OXYGEN SERVICE INC. v. NEW YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL

No. 532207

200 A.D.3d 1527 (2021)

161 N.Y.S.3d 420

2021 NY Slip Op 07593

In the Matter of North Shore Ambulance and Oxygen Service Inc., Appellant, v. New York State Emergency Medical Services Council, Respondent.

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

Decided December 30, 2021.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Albany ( Daniel J. Hurteau of counsel), for appellant.

Letitia James , Attorney General, Albany ( Jonathan D. Hitsous of counsel), for respondent.

Egan Jr., J.P., Lynch, Pritzker and Colangelo, JJ., concur.

An ambulance service may operate in this state only if the Department of Health (hereinafter DOH) certifies that a public need for the service exists (see Public Health Law §§ 3005[1], [6]; 3008[1]), and DOH has defined public need as "the demonstrated absence, reduced availability...

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