Legal Opinion

Village of Herkimer v. Axelrod

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 1982PublishedCited by 8 opinions

1Opinion of the Court

— Cross appeals from an order and judgment of the Supreme Court at Special Term (Pitt, J.), entered May 21, 1981 in Albany County, which granted plaintiffs’ motion for summary judgment prohibiting defendants from taking further action to modify plaintiff hospital’s operating certificate pursuant to subdivision 6 of section 2806 of the Public Health Law until regulations defining “public need” have been promulgated, but which dismissed the portion of the complaint seeking a declaration that subdivision 6 of section 2806 of the Public Health Law is unconstitutional. Plaintiff Herkimer Memorial…

2Cases cited17 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  5. American Power & Light Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946

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3Cited by8 opinions

  1. Roman Catholic Diocese v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1985
  2. Doe v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986
  3. Occidental Chemical Corp. v. New York State Environmental Facilities Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Gordon v. BursteinAppellate Division of the Supreme Court of the State of New York · 1986
  5. United Methodist Retirement Community Development Corp. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985

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