Greene Ambulance & Ambulette Service, Inc. v. New York State Department of Health

Appellate Division of the Supreme Court of New York

Greene Ambulance & Ambulette Service, Inc. v. New York State Department of Health

61 A.D.2d 807, 402 N.Y.S.2d 36, 1978 N.Y. App. Div. LEXIS 10248

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 1978

StatusPublished

This text of 61 A.D.2d 807 (Greene Ambulance & Ambulette Service, Inc. v. New York State Department of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greene Ambulance & Ambulette Service, Inc. v. New York State Department of Health, 61 A.D.2d 807, 402 N.Y.S.2d 36, 1978 N.Y. App. Div. LEXIS 10248 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel the New York State Emergency Medical Services Council to grant petitioner’s application for a license to operate an ambulance service, the appeal is from a judgment of the Supreme Court, Kings County, entered November 5, 1976, which denied the petition and confirmed the determination denying the application. Judgment reversed, on the law, without costs or disbursements, and matter remitted to the Emergency Medical Services Council for a hearing and a new determination, which shall include appropriate findings of fact and conclusions of law. The hearing directed herein will provide the petitioner-appellant with a reasonable opportunity to be heard in accordance with its due process rights and will provide an adequate record if judicial review of the new determination is sought. The hearing should, inter alia, cover the issues of whether appellant made substantial investments in ambulances and equipment, and entered into realty leases, before or after April 1, 1975, and the public need for the ambulance service which appellant seeks to provide. We note, but express no opinion concerning, appellant’s allegations that article 30 of the Public Health Law is being construed so as to eliminate competition in this industry which is vital to the public health. Hopkins, J. P., Suozzi, Margett and Hawkins, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to compel the New York State Emergency Medical Services Council to grant petitioner’s application for a license to operate an ambulance service, the appeal is from a judgment of the Supreme Court, Kings County, entered November 5, 1976, which denied the petition and confirmed the determination denying the application. Judgment reversed, on the law, without costs or disbursements, and matter remitted to the Emergency Medical Services Council for a hearing and a new determination, which shall include appropriate findings of fact and conclusions of law. The hearing directed herein will provide the petitioner-appellant with a reasonable opportunity to be heard in accordance with its due process rights and will provide an adequate record if judicial review of the new determination is sought. The hearing should, inter alia, cover the issues of whether appellant made substantial investments in ambulances and equipment, and entered into realty leases, before or after April 1, 1975, and the public need for the ambulance service which appellant seeks to provide. We note, but express no opinion concerning, appellant’s allegations that article 30 of the Public Health Law is being construed so as to eliminate competition in this industry which is vital to the public health. Hopkins, J. P., Suozzi, Margett and Hawkins, JJ., concur.

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Bluebook (online)

61 A.D.2d 807, 402 N.Y.S.2d 36, 1978 N.Y. App. Div. LEXIS 10248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-ambulance-ambulette-service-inc-v-new-york-state-department-of-nyappdiv-1978.