Act-Up Triangle v. Commission for Health Services of State of N.C.

• Citation: 476 S.E.2d 108,344 N.C. 434
• Decision Date: 05 September 1996
• Docket Number: ACT-UP,No. 328PA96,328PA96
• Parties: TRIANGLE (AIDS Coalition to Unleash Power Triangle), Steven Harris, and John Doe v. COMMISSION FOR HEALTH SERVICES OF the STATE OF NORTH CAROLINA, Dr. Jesse Meredith, in his official capacity as Chairman of the Commission for Health Services of the State of North Carolina, Dr. Ronald H. Levine, in his official capacity as State Health Director and Assistant Secretary of Health of the State of North Carolina, Mr. Jonathan Howes, in his official capacity as Secretary of the Department of Environment, Health, and Natural Resources of the State of North Carolina, and Ms. Debby Crain, as Director of the Division of Public Affairs, Department of Environment, Health and Natural Resources of the State of North Carolina.
• Court: North Carolina Supreme Court

Page 108

476 S.E.2d 108

344 N.C. 434

ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle), Steven Harris, and John Doe v. COMMISSION FOR HEALTH SERVICES OF the STATE OF NORTH

CAROLINA, Dr. Jesse Meredith, in his official capacity as

Chairman of the Commission for Health Services of the State

of North Carolina, Dr. Ronald H. Levine, in his official

capacity as State Health Director and Assistant Secretary of

Health of the State of North Carolina, Mr. Jonathan Howes,

in his official capacity as Secretary of the Department of

Environment, Health, and Natural Resources of the State of

North Carolina, and Ms. Debby Crain, as Director of the

Division of Public Affairs, Department of Environment,

Health and Natural Resources of the State of North Carolina.

No. 328PA96.

Supreme Court of North Carolina.

Sept. 5, 1996.

Stewart W. Fisher, Durham, for Act-Up Triangle et al.

Mabel Y. Bullock, Special Deputy Attorney General, for Commission for Health et al.

Grady L. Balentine, Jr., Associate Attorney General, for State.

Prior report: 343 N.C. 749, 472 S.E.2d 605.

ORDER

Upon consideration of the petition filed by Plaintiffs for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 5th day of September 1996."

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Denied. Notice of Appeal retained by order of the Court in conference, this the 5th day of September 1996."

Upon consideration of the petition filed by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 5th day of September 1996."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).

Plaintiffs shall...