New York Court of Appeals

New York State Association of Counties

June 27, 199178 N.Y.2d 158

Summary

The New York Court of Appeals held that the NYSAC’s article 78 action was timely filed under the four‑month CPLR 217 limitations period and that the Department of Health’s 3.035% recalibration regulation was arbitrary, capricious, and lacked a rational basis, thereby invalidating the regulation. The court reversed the Appellate Division’s summary‑judgment grant to the Department and reinstated the Supreme Court’s judgment in favor of NYSAC. A dissent argued that the majority applied an unduly strict standard and ignored the evidentiary support for the regulation.