New York Court of Appeals
New York State Association of Nurse Anesthetists, Respondent v. Antonia C. Novello, as Commissioner of Health, Et…
March 30, 20042 N.Y.3d 207
Summary
The New York Court of Appeals held that the New York State Association of Nurse Anesthetists lacks standing to challenge the Department of Health's Clinical Guidelines for Office‑Based Surgery, and therefore reversed the Appellate Division and dismissed the complaint. The Court reasoned that the plaintiff failed to demonstrate a concrete injury in fact. Justice R.S. Smith dissented, arguing that the Guidelines would injure CRNAs and that standing exists.