American Ass'n of Bioanalysts v. New York State Department of Health
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from that part of an order of the Supreme Court (Cannizzaro, J.), entered August 14, 2003 in Albany County, which granted plaintiffs’ motion to compel disclosure.
Plaintiffs commenced this suit challenging the implementation by defendant Department of Health (hereinafter DOH) of Public Health Law § 576 (4), which directs DOH to impose a fee upon clinical laboratories based upon each laboratory’s proportionate share of the total “actual costs and expenses” (Public Health Law § 576 [4] [e]) that DOH incurs in operating the Clinical Laboratory Inspection and Reference Program (hereinafter…
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