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MATTER OF MEDICAL PROFESSIONALS FOR INFORMED CONSENT v. BASSETT

546.1 CA 23-00161.

220 A.D.3d 1157 (2023)

197 N.Y.S.3d 785

2023 NY Slip Op 05052

In the Matter of Medical Professionals for Informed Consent, Individually and on Behalf of its Members, Kristen Robillard, M.D., and Others, et al., Respondents, v. Mary T. Bassett, in Her Official Capacity as Commissioner of Health for State of New York, et al., Appellants.

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

Decided October 6, 2023.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

GIBSON LAW FIRM, PLLC, ITHACA ( SUJATA SIDHU GIBSON OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Present —Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered January 13, 2023, in a proceeding pursuant to CPLR article 78 and a declaratory judgment action. The judgment, insofar as appealed from, denied the motion of respondents/defendants to dismiss and granted the petition/complaint for a declaration that 10 NYCRR 2.61 was beyond the scope of respondents/defendants' authority and was null, void and of no effect.

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