Hospital Ass'n of New York State, Inc. v. Axelrod

Appellate Division of the Supreme Court of New York

Hospital Ass'n of New York State, Inc. v. Axelrod

133 A.D.2d 946, 520 N.Y.S.2d 529, 1987 N.Y. App. Div. LEXIS 51986

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

DecidedOctober 22, 1987

StatusPublished

This text of 133 A.D.2d 946 (Hospital Ass'n of New York State, Inc. v. Axelrod) 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.

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Hospital Ass'n of New York State, Inc. v. Axelrod, 133 A.D.2d 946, 520 N.Y.S.2d 529, 1987 N.Y. App. Div. LEXIS 51986 (N.Y. Ct. App. 1987).

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Opinion

— Kane, J.

Appeal from an order of the Supreme Court (Conway, J.), entered July 25, 1986 in Albany County, which, inter alia, granted plaintiffs’ motion for ancillary relief.

We have previously considered defendants’ contentions concerning Supreme Court’s order to pay the refund and have found them to be without merit (American Assn. of Bioanalysts v Axelrod, 130 AD2d 889). Further, under the circumstances of this case, we find that Supreme Court properly granted plaintiffs’ request for an injunction against defendant Commissioner of Health from assessing and/or collecting new fees until the 1983 fees were refunded or credited against new fees. The order should therefore be affirmed.

Order affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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— Kane, J.

Appeal from an order of the Supreme Court (Conway, J.), entered July 25, 1986 in Albany County, which, inter alia, granted plaintiffs’ motion for ancillary relief.

We have previously considered defendants’ contentions concerning Supreme Court’s order to pay the refund and have found them to be without merit (American Assn. of Bioanalysts v Axelrod, 130 AD2d 889). Further, under the circumstances of this case, we find that Supreme Court properly granted plaintiffs’ request for an injunction against defendant Commissioner of Health from assessing and/or collecting new fees until the 1983 fees were refunded or credited against new fees. The order should therefore be affirmed.

Order affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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133 A.D.2d 946, 520 N.Y.S.2d 529, 1987 N.Y. App. Div. LEXIS 51986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hospital-assn-of-new-york-state-inc-v-axelrod-nyappdiv-1987.

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