The Pinsky Law Group has been declared victorious in a lawsuit initiated on behalf of the town of Macedon against the NYS Department of Health. The town of Macedon had applied for an ambulance service certificate pursuant to Public Health Law 3008(7) for the entire town of Macedon, including the village of Macedon. Although initially granted, the Department of Health revoked the town’s authority to operate in the village of Macedon, simply because the village of Macedon complained.
The Pinsky Law Group argued that the Department of Health exceeded its authority when revoking the town’s authority to operate in the village.
In a decision dated July 8, 2014, Wayne County Supreme Court Judge Kehoe held that the Department of Health was without authority. The Court held in part that “the effect of the Department’s decision in excluding the Village of Macedon from the Certificate granted to the Town of Macedon represents an impermissible limitation of the Town’s statutory authority…”.
This decision represents the second time in recent years that the action on behalf of the Department of Health was impermissible under law. In 2012, the Pinsky Law Group obtained a similar victory on behalf of the town of Covert.