Cohoes Memorial Hospital v. Department of Health
Opinion of the Court
—Appeal from a judgment of the Supreme Court at Special Term, entered October 9, 1977 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking to annul a decision of the Public Health Council. In January, 1977 petitioner’s board of directors removed two physicians from administrative positions and reduced their staff ranks from "active” to "courtesy”. No reasons were given for these changes. The physicians, through their attorney, subsequently filed a complaint with the Public Health Council pursuant to section 2801-b of the Public Health Law. Petitioner was afforded an opportunity to respond and did furnish a response. The Public Health Council found cause to credit the complaint and directed petitioner’s governing board to review the action taken in diminishing or curtailing the professional privileges of the two physicians. The council also directed that any action with respect to the two physicians taken by petitioner subsequent to its review be in accordance with section 2801-b of the Public Health Law. Petitioner then commenced this CPLR article 78 proceeding seeking to have the determination of the Public Health Council reversed and annulled. Special Term dismissed the petition and this appeal ensued. The sole issue on this appeal is whether or not the Public Health Council’s determination was a final order within the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.