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 affirmed that a determination of the Public Health Council under §2801‑b of the Public Health Law is not a final order subject to direct judicial review under CPLR article 78. The decision rests on the statutory scheme that makes the council’s role advisory and limited to directing a hospital to reconsider its action, with any remedial relief available only through a separate injunction action under §2801‑c. Justice Jones dissented, arguing that the council’s finding is a final determination that should be reviewable.