American Ass'n of Bioanalysts v. Axelrod
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kane, J.
These two actions are for declaratory judgment and injunctive relief. They involve the same legal questions and thus were jointly decided by Special Term.
In both actions, plaintiffs are clinical laboratories which were billed for laboratory inspection and reference fees by the Department of Health (department) on May 27, 1983. The fees so assessed were the result of a sliding-scale fee schedule based upon the “annual volume of tests performed and/or specimens examined” (see 10 NYCRR 58-3.1 [b]), established by the department pursuant to subdivision 4 of section 576…
2Cases cited13 opinions
- Levine v. WhalenNew York Court of Appeals · 1976
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- People v. CullNew York Court of Appeals · 1961
- Tolub v. EvansNew York Court of Appeals · 1982
- People v. Brooklyn Garden Apartments, Inc.New York Court of Appeals · 1940
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- American Independent Paper Mills Supply Co. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2009
- Eden Park Health Services, Inc. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
- Homestead Funding Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- American Ass'n of Bioanalysts v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004
- Home Office Reference Laboratory, Inc. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986
6 more not listed; retrieve them via the Exa API.