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CITY OF UTICA v. DAINES

504403.

2008 NY Slip Op 06345

CITY OF UTICA, Appellant, v. RICHARD F. DAINES, as Commissioner of Health, ET AL., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Roemer, Wallens & Mineaux, L.L.P., Albany (James W. Roemer Jr. of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Robert Goldfarb of counsel), for respondents.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

In this declaratory judgment action, plaintiff challenges the interpretation by defendant Department of Health (hereinafter DOH) of Public Health Law § 3008 (7), which sets forth a process by which municipalities may establish ambulance services. Generally, a proposed ambulance service must obtain both a two-year operating certificate from DOH (see Public Health Law § 3005 [1], [3], [4], [5]) and approval...

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