In the Matter of Roman Catholic Diocese of Albany, Respondents v. New York State Department of Health Et…

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the petition. It held that the Department of Health's 50% guideline does not constitute a rule or regulation that must be filed under New York Constitution article IV, § 8, because only a fixed, general principle applied without regard to other facts qualifies as such a rule. The Court assumed the petitioners had standing without deciding that issue and therefore did not address the constitutional arguments raised by interveners.