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  5. 66 N.Y.2d 948 (1985)
 

MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. NEW YORK STATE DEP'T OF HEALTH

66 N.Y.2d 948 (1985)

In the Matter of Roman Catholic Diocese of Albany et al., Respondents, v. New York State Department of Health et al., Appellants, and Upper Hudson Planned Parenthood, Inc., Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Deborah Bachrach, Robert Hermann, Rosemarie Rhodes, Lawrence S. Kahn and Martha J. Olson of counsel), for New York State Department of Health and another, appellants.

Kenneth J. Connolly for Health Systems Agency of North-eastern New York, Inc., appellant.

Gerald H. Katzman and Miriam M. Netter for intervenor-appellant.

Michael L. Costello, David A. Ruffo, Kevin A. Luibrand and R. Christopher Demph for respondents.

Madeline Kochen for New York Civil Liberties Union and another, amici curiae.

Anne E. Simon and Nadine Taub for American Association of University Women and others, amici curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

We assume, without deciding, that petitioners had standing to bring this proceeding (Association of Contr. Plumbers v Fruchtman, 64 N.Y.2d 808, 810; Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs., 63 N.Y.2d...

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