Court of Appeals of New York

Summary judgment for plaintiffs on their a facial challenge to the constitutionality of Public Health Law section 2808(5)(c), which prohibits the withdrawal or transfer of residential health care facility equity or assets in an aggregate amount exceeding 3 percent of the facility's most recently reported annual revenue from patient care services, without the prior approval of the State Commissioner of Health, is reversed, where: 1) the lower courts erred in concluding that the subject statute was offensive to substantive due process; and 2) the catch-all provision does not create an improper delegation of legislative policy-making power.

Appellate Information

• Decided 10/15/2013
• Published 10/15/2013

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel