Roman Catholic Diocese of Albany v. New York State Dept. of Health
| Decision Date | 17 December 1985 |
| Parties | , 489 N.E.2d 749 In the Matter of ROMAN CATHOLIC DIOCESE OF ALBANY et al., Respondents, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Appellants, and Upper Hudson Planned Parenthood, Inc., Intervenor-Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 109 A.D.2d 140, 490 N.Y.S.2d 636, should be reversed, without costs, and the petition dismissed.
We assume, without deciding, that petitioners had standing to bring this proceeding (Association of Contr. Plumbers v. Fruchtman, 64 N.Y.2d 808, 810, 486 N.Y.S.2d 922, 476 N.E.2d 321; Matter of Nassau BOCES Cent. Council of Teachers v. Board of Coop. Educ. Servs., 63 N.Y.2d 100, 104, 480 N.Y.S.2d 190, 469 N.E.2d 511; Jainchill v. Citibank, 62 N.Y.2d 739, 740, 476 N.Y.S.2d 821, 465 N.E.2d 360). On the merits, however, we agree with Justice Howard A. Levine, the dissenter at the Appellate Division, that only a fixed, general principle to be applied by an administrative agency without regard to other facts and circumstances relevant to the regulatory scheme of the statute it administers constitutes a rule or regulation required by NY Constitution, article IV, § 8 to be filed in the office of the Department of State. We agree also, for the reasons stated by the dissenting Justice (109 A.D.2d, at p. 148, 490 N.Y.S.2d 636), that the 50% guideline employed by the Department of Health in passing on the applications involved in the present proceeding did not constitute and was not applied as such a rule, and in view of that conclusion do not reach the constitutional arguments presented by the intervenor and amici.
...
To continue reading
Request your trial
-
Andryeyeva v. N.Y. Health Care, Inc.
...it administers" that requires a separate rulemaking under SAPA ( Roman Catholic Diocese of Albany v. New York State Dept. of Health, 66 N.Y.2d 948, 951, 498 N.Y.S.2d 780, 489 N.E.2d 749 [1985] ). Apart from the fact that DOL complied with procedural requirements when it promulgated the Wage......
-
Energy Ass'n of New York State v. Public Service Com'n of State of N.Y.
...be filed in the office of the Department of State." (Matter of Roman Catholic Diocese of Albany, supra, at 951). Health, 66 N.Y.2d 948, 498 N.Y.S.2d 780, 489 N.E.2d 749 (1985); Abreu v. Coughlin, 161 A.D.2d 844, 555 N.Y.S.2d 889 (3rd Dep't 1990).) Section 102(2)(b)(iv) of the State Administ......
-
National Ass'n of Independent Insurers v. State
...v. Corbisiero, 80 N.Y.2d 771, 772-773, 587 N.Y.S.2d 266, 599 N.E.2d 670; Matter of Roman Catholic Diocese of Albany v. New York State Dept. of Health, 66 N.Y.2d 948, 951, 498 N.Y.S.2d 780, 489 N.E.2d 749). State Administrative Procedure Act § 102(2)(b)(iv) excludes from the definition of a ......
-
GKK 2 Herald LLC v. City of N.Y.
...Albany v. New York State Dept. of Health, 109 A.D.2d 140, 148, 490 N.Y.S.2d 636 [3rd Dept.1985] [Levine, J., dissenting in part], revd. 66 N.Y.2d 948, 498 N.Y.S.2d 780, 489 N.E.2d 749 [1985] ), so long as those guidelines are "consistent with the statutory framework" ( 63 N.Y.S.3d 29 Dioces......
-
Abortion Politics in the Courts: New Judicial Federalism or the Federal Courts
...of Roman Catholic Diocese of Albany et al., v. New York State Department of Health et al., and Upper Hudson Planned Parenthood, Inc., 66 N.Y. 2d 948 (1985) " ... that only a fixed, general principle to be applied by an administrative agency without regard to other facts and circumstances ........