Park Ave. Clinical Hosp. v. Kramer

• Decision Date: 31 May 1967
• Citation: 281 N.Y.S.2d 359,228 N.E.2d 411,19 N.Y.2d 958
• Parties: , 228 N.E.2d 411 The PARK AVENUE CLINICAL HOSPITAL, Appellant, v. Jay KRAMER et al., as Members constituting the New York State Labor Relations Board, Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 359

281 N.Y.S.2d 359

19 N.Y.2d 958, 228 N.E.2d 411

The PARK AVENUE CLINICAL HOSPITAL, Appellant, v.Jay KRAMER et al., as Members constituting the New York State Labor Relations Board, Respondents.

Court of Appeals of New York.

May 31, 1967.

Appeal from Supreme Court, Appellate Division, Fourth Department, 26 A.D.2d 613, 271 N.Y.S.2d 747.

Action by nonprofit hospital for a judgment declaring provisions of Labor Law providing for compulsory arbitration of disputes unconstitutional as an unlawful delegation of legislative authority without sufficient standards for guidance of arbitrators, as an improper delegation of authority to Industrial Commissioner to decide arbitrarily when efforts to effect voluntary settlement of dispute have been unsuccessful, and as violative of equal protection of the laws since only nonprofit hospitals and residental care centers are subject thereto.

The Supreme Court, Special Term, Charles B. Brasser, J., 48 Misc.2d 826, 266 N.Y.S.2d 147, entered an order inMonroe County granting motion by defendants for summary judgment and the hospital appealed.The Special Term had stated that the standards set forth for compulsory arbitration were sufficient and that hospital had not shown facts sufficicient to establish...