Hospital Ass'n v. Axelrod

*347OPINION OF THE COURT

Lawrence E. Kahn, J.

This CPLR article 78 proceeding seeks to challenge certain regulations adopted by the State Hospital Review and Planning Council (SHRPC) and approved by the Commissioner of Health of the State of New York. The challenged regulations are found in 10 NYCRR part 405 and establish minimum operating standards for hospitals. The petition pleads 14 separate causes of action which collectively seek to invalidate all or specific portions of the new part 405 regulations. Respondents have answered and set forth various affirmative defenses, including a Statute of…