Legal Opinion
City of Utica v. Daines
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 2008PublishedCited by 5 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (McDonough, J.), entered December 5, 2007 in Albany County, which, among other things, granted defendants’ motion for summary judgment dismissing the complaint.
In this declaratory judgment action, plaintiff challenges the interpretation by defendant. Department of Health (hereinafter DÓH) of Public Health Law § 3008 (7), which sets forth a process by which municipalities may establish ambulance services. Generally, a proposed ambulance service must obtain both a two-year operating certificate from DOH (see Public Health Law § 3005 [1],…
2Cases cited5 opinions
- Community Board 7 v. SchafferNew York Court of Appeals · 1994
- City of New York v. StateNew York Court of Appeals · 1995
- Graziano v. County of AlbanyNew York Court of Appeals · 2004
- Town of Riverhead v. New York State BoardNew York Court of Appeals · 2005
- In re Board of Education of the Roosevelt Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- New York Blue Line Council, Inc. v. Adirondak Park AgencyAppellate Division of the Supreme Court of the State of New York · 2011
- Bethpage Water District v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
- Town of Covert v. New York State Department of HealthNew York Supreme Court · 2013
- City of Utica v. DainesAppellate Division of the Supreme Court of the State of New York · 2012
- City of Utica v. DainesAppellate Division of the Supreme Court of the State of New York · 2012