Legal Opinion
New York State Ass'n of Nurse Anesthetists v. Novello
New York Supreme Court
Decided November 25, 2001PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Bernard J. Malone, Jr., J.
The plaintiff is awarded summary judgment declaring that the Clinical Guidelines for Office-Based Surgery (Guidelines) promulgated by the defendants and published on the New York State Department of Health (DOH) Web site during December of 2000 are null and void and of no force and effect. The court finds that defendants’ actions in enacting the Guidelines were ultra vires, and the plaintiff is granted a permanent injunction prohibiting the defendants from publishing, distributing or enforcing the Guidelines.
The plaintiff is a not-for-profit…
2Cases cited12 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
- Rozell v. RozellNew York Court of Appeals · 1939
- City of New York v. State of New York Commission on Cable TelevisionNew York Court of Appeals · 1979
- Consolidated Edison Co. of New York, Inc. v. Department of Environmental ConservationNew York Court of Appeals · 1988
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3Cited by1 opinion
- New York State Ass'n of Nurse Anesthetists v. NoveleoAppellate Division of the Supreme Court of the State of New York · 2003