State v. Mitchell

This is an action for a permanent injunction pursuant to section 2801-b of the New York State Public Health Law, seeking to prevent the defendants from opening and operating an alleged clinic or “out-of-hospital health facility” (so called) in offices on the second floor of an office building on Pine Street in the City of Niagara Falls, for the performance of recently legalized abortions unless and until the certificate of the Public Health Council is first obtained pursuant to sections 2801-a and 2805 of said law. The defendants contend that such approval is not necessary since it is…