Home Office Reference Laboratory, Inc. v. Axelrod

OPINION OF THE COURT

John H. Pennock, J.

In this CPLR article 78 proceeding, this petitioner Home Office Reference Laboratory, Inc. (HORL) seeks a determination » annulling the denial of the respondent Axelrod, Commissioner of Health of the State of New York, of petitioner’s application for a ruling pursuant to State Administrative Procedure Act §§ 204, 205 concerning the applicability of certain statutes and rules and regulations of the Health Department whereby respondent Axelrod imposed and collected from the petitioner an assessment in the amount of $5,120 for certain laboratory permits.…