Victory Memorial Hospital v. Whalen

Appellate Division of the Supreme Court of New York

Victory Memorial Hospital v. Whalen

74 A.D.2d 876, 426 N.Y.S.2d 32, 1980 N.Y. App. Div. LEXIS 10661

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

DecidedMarch 17, 1980

StatusPublished

This text of 74 A.D.2d 876 (Victory Memorial Hospital v. Whalen) 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

Victory Memorial Hospital v. Whalen, 74 A.D.2d 876, 426 N.Y.S.2d 32, 1980 N.Y. App. Div. LEXIS 10661 (N.Y. Ct. App. 1980).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent which, after a hearing, denied petitioner’s application for permission to acquire a computerized axial tomography scanner. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The criteria applied by the Department of Health are reasonable standards by which it might ensure that computerized axial tomography scanner would be placed in those facilities with active neurological practices, areas in which the equipment would be utilized most effectively. There being no showing that the number of approved scanners in other facilities within petitioner’s proximate area could not adequately serve its referrals, respondent’s determination that public need was lacking must be confirmed. Damiani, J. P., Gulotta, Margett and Weinstein, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent which, after a hearing, denied petitioner’s application for permission to acquire a computerized axial tomography scanner. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The criteria applied by the Department of Health are reasonable standards by which it might ensure that computerized axial tomography scanner would be placed in those facilities with active neurological practices, areas in which the equipment would be utilized most effectively. There being no showing that the number of approved scanners in other facilities within petitioner’s proximate area could not adequately serve its referrals, respondent’s determination that public need was lacking must be confirmed. Damiani, J. P., Gulotta, Margett and Weinstein, JJ., concur.

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Bluebook (online)

74 A.D.2d 876, 426 N.Y.S.2d 32, 1980 N.Y. App. Div. LEXIS 10661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victory-memorial-hospital-v-whalen-nyappdiv-1980.