Formal Opinion No.

Hon. David Axelrod Commissioner, New York State Department of Health

Your counsel has asked whether a favorable disposition under section160.50(2) of the Criminal Procedure Law includes favorable dispositions of out-of-state courts.

By way of background, we note that a hospital cannot be operated in New York State without the express approval of the Public Health Council ("PHC") (Public Health Law, § 2801-a[1]). The PHC has broad power to inquire into an applicant's background. Many factors may be taken into account, including the need for the proposed institution; the character and fitness of…