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ST. JOSEPH HOSPITAL OF CHEEKTOWAGA v. NOVELLO

15 Misc.3d 333 (2007)

828 N.Y.S.2d 877

ST. JOSEPH HOSPITAL OF CHEEKTOWAGA et al., Plaintiffs, v. ANTONIA C. NOVELLO, as New York State Health Commissioner, et al., Defendants.

Supreme Court, Erie County.

February 2, 2007.

Attorney(s) appearing for the Case

Phillips Lytle LLP (Kenneth A. Manning of counsel), for plaintiffs.

Andrew M. Cuomo, Attorney General (Peter B. Sullivan of counsel), for defendants.

OPINION OF THE COURT

JOSEPH D. MINTZ, J.

Plaintiffs St. Joseph Hospital of Cheektowaga and Catholic Health System, Inc. (hereinafter CHS) commenced this action for declaratory judgment and injunctive relief under CPLR 3001, and injunctive relief under 42 USC § 1983. They seek to prevent the implementation of recommendations made by defendant New York State Commission on Health Care Facilities in the...

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