American Ass'n of Bioanalysts v. Axelrod

Appeal from an order of the Supreme Court (Conway, J.), entered July 8, 1986 in Albany County, which partially granted plaintiffs motion for ancillary relief.

The facts underlying this case are detailed in our prior decision in this matter (106 AD2d 53, appeal dismissed 65 NY2d 847). Therein, this court declared, inter alia, that the 1983 fee schedule established by respondent was invalid. Subsequently, members of plaintiff who paid fees pursuant to this invalid regulation sought a refund of their moneys. When their requests were denied, plaintiff brought the instant motion for ancillary…