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Daxor Corp. v. State

Citations: 227 A.D.2d 337; 643 N.Y.S.2d 57; 1996 N.Y. App. Div. LEXIS 6164

Court: Appellate Division of the Supreme Court of the State of New York; May 30, 1996; New York; State Appellate Court

Narrative Opinion Summary

This case involves a dispute over the denial of permit applications by the New York State Department of Health for Idant Laboratories and Scientific Medical Systems, both divisions of Daxor Corporation. The petitioners, who operated a blood bank, semen bank, and clinical laboratory under licenses issued by the New York City Department of Health, faced revocation of their permits following a regulatory transfer of authority to the New York State Department of Health. The court considered whether the petitioners had a protected property interest in their existing licenses, which would entitle them to procedural due process before any revocation. The New York Supreme Court, under Justice Harold Tompkins, found that the legislative changes did not nullify the petitioners' rights, thereby requiring a hearing prior to any permit revocation. The court annulled the Department's determination, ruling that the petitioners' due process rights were violated. This decision was supported by Justices Sullivan, Ellerin, Rubin, Kupferman, and Williams, affirming that the transition of regulatory authority did not abrogate the petitioners' established rights, and a legal procedure must be followed in revoking such permits.

Legal Issues Addressed

Effect of Regulatory Shifts on Existing Licenses

Application: The court held that the legislative changes transferring authority did not nullify the petitioners' existing licenses, thereby preserving their rights.

Reasoning: The court found that, despite the State's contention that the original City licenses were nullified by the legislative changes, the transition did not eliminate the licensees' rights.

Procedural Due Process in Permit Revocation

Application: The court determined that the petitioners had a protected property interest in their permits, requiring procedural due process before revocation.

Reasoning: Petitioners argued they had a protected property interest in their existing licenses, which entitled them to procedural due process.

Requirement of Hearing Before Permit Revocation

Application: The court emphasized the necessity for a hearing before any permit revocation, as required by New York State law.

Reasoning: The court emphasized the long-standing operation of the petitioners' facilities and the necessity for a hearing before revoking any permits, as mandated by New York State law.