New York Court of Appeals
In the Matter of Cohoes Memorial Hospital, Appellant v. Department of Health of the State of New York…
November 20, 197948 N.Y.2d 583
Summary
The Court of Appeals held that a determination of the Public Health Council under section 2801‑b of the Public Health Law is not a final order subject to direct judicial review under CPLR article 78, and therefore affirmed the Appellate Division's dismissal of the hospital's petition. The majority reasoned that the council's role is advisory and limited to directing the hospital to reconsider its actions, with any final adjudication reserved for a subsequent injunction action under section 2801‑c. Judge Jones dissented, arguing that the council's finding is a final determination that should be reviewable in an article 78 proceeding.