Legal Opinion

Miriam Osborn Memorial Home Ass'n v. Chassin

New York Court of Appeals

Decided June 5, 2003PublishedCited by 12 opinions

1Opinion of the Court

*546OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be modified, with costs to defendants, by declaring that the 1.2% assessment imposed by Public Health Law § 2807-d (2) (b) (ii) is constitutional and remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Plaintiff is a privately endowed not-for-profit residential health care facility (RHCF) created by special act of the Legislature in 1892 to provide a home for needy, aged women (see L 1892, ch 94). In…

2Cases cited5 opinions

  1. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  2. De Buono v. NYSA-ILA Medical & Clinical Services Fund Ex Rel. BowersSupreme Court of the United States · 1997
  3. MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002
  4. Port Jefferson Health Care Facility v. WingNew York Court of Appeals · 1999
  5. Miriam Osborn Memorial Home Ass'n v. ChassinAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by12 opinions

  1. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Novara v. Cantor Fitzgerald, LPAppellate Division of the Supreme Court of the State of New York · 2005
  3. DaimlerChrysler Co. v. BilletAppellate Division of the Supreme Court of the State of New York · 2008
  4. CMSG Rest. Group, LLC v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  5. Korotun v. Incorporated Village of BayvilleAppellate Division of the Supreme Court of the State of New York · 2006

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