James v. Lubin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boehm, J.
The question raised by this appeal is whether the interpretation and application of Public Health Law §2581 (2) by respondent Commissioner of Health Arnold N. Lubin (Lubin) was arbitrary, capricious and erroneous as a matter of law.
I
Petitioners James and Barbara Barrett are the parents of James (Shamus) Barrett, Jr., born on March 4, 1977. On July 10, 1986, Shamus was grievously injured in an accident while a passenger in an automobile operated by his mother. He was taken to Children’s Hospital in Buffalo, where he remained in a coma for approximately six to eight…
2Cases cited8 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
- Bullock v. . CooleyNew York Court of Appeals · 1919
- Civil Service Employees Ass'n v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by6 opinions
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- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009
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