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 office‑based surgery guidelines, and therefore reversed the Appellate Division’s decision and dismissed the complaint. The Court’s decision was contested in a dissent arguing that the plaintiffs have shown a concrete injury and should be allowed to proceed.