Richmondville Volunteer Emergency Squad, Inc. v. New York State Department of Health

Appeal from a judgment of the Supreme Court (Devine, J.), entered September 26, 2012 in Schoharie County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner is a not-for-profit corporation that reportedly had provided ambulance services throughout Schoharie County for many years. Upon realizing that its service certificate designated its geographic territory as only the Town of Richmondville, petitioner submitted an application pursuant to Public Health Law §§ 3003 (5) and 3008 (1) to the Adirondack-Appalachian Regional Emergency…