Town of Macedon v. New York State Department of Health

OPINION OF THE COURT

Dennis M. Kehoe, J.

The petitioner Town of Macedon has commenced this CPLR article 78 proceeding which seeks an order requiring the New York State Department of Health to issue an Ambulance Service Certificate to the petitioner which includes as “primary territory” the Village of Macedón. The petitioner also seeks a judgment declaring that a portion of the New York State Department of Health, Bureau of Emergency Medical Services, Policy Statement No. 2009-01 is void and unenforceable, based upon lack of legislative authorization, inconsistency with applicable state…