Town of Covert v. New York State Department of Health

OPINION OF THE COURT

Dennis F. Bender, J.

The petitioner herein, the Town of Covert has filed this CPLR article 78 proceeding asking this court to require the New York State Department of Health (hereinafter the State) to issue an ambulance service certificate to the petitioner which includes as primary territory the Village of Interlaken, pursuant to Public Health Law § 3008 (7). Further, the Town seeks a declaration that a portion of the New York State Department of Health, Bureau of Emergency Medical Services’ Policy Statement 09-01 (Jan. 6, 2009, available at…