Legal Opinion

Council of New York v. Giuliani

New York Court of Appeals

Decided March 30, 1999PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

These related appeals challenge the validity of a sublease of a hospital operated by the New York City Health and Hospitals Corporation (HHC) to a for-profit entity pursuant to the Health and Hospitals Corporation Act (Act). Although several issues are raised, the threshold question is: does the Act permit the City to sublease Coney Island Hospital and turn over its operations and service obligations to PHS New York, Inc., a private entity? Like the courts below, we conclude that the statute precludes the proposed transaction.

Historical Context

In 1929 New York…

2Cases cited5 opinions

  1. People v. RyanNew York Court of Appeals · 1937
  2. Gallagher v. ReganNew York Court of Appeals · 1977
  3. Giuliani v. HevesiNew York Court of Appeals · 1997
  4. City of Rye v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1969
  5. Campaign To Save Our Public Hospitals—Queens Coalition v. GiulianiAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by18 opinions

  1. MATTER OF THEROUX v. ReillyNew York Court of Appeals · 2003
  2. Palmer v. AmazonCourt of Appeals for the Second Circuit · 2022
  3. People v. OwusuNew York Court of Appeals · 1999
  4. Council of New York v. GiulianiNew York Supreme Court · 1999
  5. Covington v. WalkerNew York Court of Appeals · 2004

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