Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced

2015-02-18 GOVERNMENT EMPLOYEES INSURANCE CO., et al., appellants, v. AVANGUARD MEDICAL GROUP, PLLC, respondent. Melito & Adolfsen, P.C., New York City ( Louis G. Adolfsen and S. Dwight Stephens of counsel), for appellants. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, New York City ( John Belesi and David Verschell of counsel), for respondent. Greenberg Traurig, LLP, New York City ( Francis J. Serbaroli of counsel), for amicus curiae New York State Association of Ambulatory

No. 2007-06670. september 30, 2008. In an action to recover no-fault benefits under an insurance contract, the plaintiff appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated April 26, 2007, which affirmed an order of the Civil Court of the City of New York, Kings County (Rubin, J.), entered August 8, 2005, which denied its motion for summary judgment on the complaint and granted the defendant's cross motion for summary

(a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal. (b) Constitutional grounds. An appeal may be taken to the court of appeals as of right:

(a) Grounds for review. An award by an arbitrator rendered pursuant to section 5106(b) of the Insurance Law and section 65-4.4 or 65-4.5 of this Subpart may be vacated or modified solely by appeal to a master arbitrator, and only upon one or more of the following grounds: (1) any ground for vacating or modifying an award enumerated in article 75 of the Civil Practice Law and Rules (an article 75 proceeding), except the ground enumerated in CPLR subparagraph 7511(b)(1)(iv) (failure to follow article

If a professional health service is performed which is reimbursable under section 5102(a)(1) of the Insurance Law, but is not set forth in fee schedules adopted or established by the superintendent, and: (a) if the superintendent has adopted or established a fee schedule applicable to the provider, then the provider shall establish a fee or unit value consistent with other fees or unit values for comparable procedures shown in such schedule, subject to review by the insurer; or (b) if the superintendent

(a) General hospitals, hereinafter referred to as hospitals, shall comply with all of the requirements of this Part: (1) hospitals shall comply with construction standards contained in Article 2 of Subchapter C of this Chapter (Medical Facility Construction); and (2) the commissioner may accept as evidence of compliance with the minimum operational standards of this Part, accreditation by an accreditation agency to which the Centers for Medicare and Medicaid Services has granted deeming status and

The hospital shall have an organized medical staff that operates under bylaws approved by the governing body. (a) Medical staff accountability. The medical staff shall be organized and accountable to the governing body for the quality of the medical care provided to all patients. (1) The medical staff shall establish objective standards of care and conduct to be followed by all practitioners granted privileges at the hospital. Those standards shall: (i) be consistent with prevailing standards of

(a)General. (1) Emergency services shall be provided in accordance with this subdivision or subdivisions (b) through (e) of this section as appropriate. (2) If emergency services are not provided as an organized service of the hospital, the governing body and the medical staff shall assure: (i) prompt physician evaluation of patients presenting with emergencies; (ii) initial treatment and stabilization or management; and (iii) transfer, where indicated, of patients to an appropriate receiving hospital

(a) Medicaid reimbursement for ambulatory surgery services provided by licensed free-standing ambulatory surgical centers and hospital-based ambulatory surgery services shall be based upon a single payment schedule with a discrete price for each of the separate groupings of surgical procedures set forth in this section. (b) Reimbursement for ambulatory surgery services shall be based upon the Products of Ambulatory Surgery (PAS) classification system as defined in subdivision (o) of this section

(a) This methodology will be utilized to evaluate certificate of need applications involving the construction or establishment of new ambulatory surgery centers or services or extension clinics of existing centers. It is the intent of the State Hospital Review and Planning Council that this methodology, when used in conjunction with the planning standards and criteria set forth in section 709.1(a) of this Part, become a statement of basic principles and planning/decisionmaking tools for guiding and

If surgical services are provided, the hospital shall develop and keep current and implement effective written policies and procedures regarding staff privileges consistent with provisions set forth in section 405.4 of this Part, the performance of surgical procedures, the maintenance of safety controls and the integration of such services with other related services of the hospital to protect the health and safety of the patients in accordance with generally accepted standards of medical practice