Legal Opinion

McKinney v. Commissioner of New York State Department of Health

Appellate Division of the Supreme Court of the State of New York

Decided June 19, 2007PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered on or about March 9, 2007, which, in an ac*253tion challenging the constitutionality of the legislation establishing the Commission on Health Care Facilities in the 21st Century (L 2005, ch 63, part E, § 31), granted defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously affirmed, without costs.

We reject defendants’ arguments that the individual plaintiff does not have taxpayer standing under State Finance Law § 123-b (1) (see Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 813-814…

2Cases cited9 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Boreali v. AxelrodNew York Court of Appeals · 1987
  3. Medical Society v. SerioNew York Court of Appeals · 2003
  4. Castaways Motel v. SchuylerNew York Court of Appeals · 1969
  5. Citizens for an Orderly Energy Policy, Inc. v. CuomoNew York Court of Appeals · 1991

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3Cited by2 opinions

  1. Matter of Leadingage N.Y., Inc. v. ShahAppellate Division of the Supreme Court of the State of New York · 2017
  2. Roxanne Delgado v. State of New YorkNew York Court of Appeals · 2022

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