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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46115 Justice Pitts RESPONDENT HOSPITAL relocated its emergency room after a planning board approved its expansion despite failing to comply with environmental law requirements. An Oct. 22, 2003 order enjoining emergency room operations was stayed pending appeal. The Appellate Division affirmed the lower court’s decision and the Court of Appeals denied an appeal by the hospital. The emergency room, which continues to operate, had nearly 80,000 visits in 2002, an increase greater than 10 percent over the previous year. Petitioner sought punishment for contempt and a $50,000 fine for each day the emergency room remains open. The court stayed enforcement until May 13, 2004. Citing Albany Medical Center Hospital v. Breslin, it “[could]not imagine consequences more irreparable than those . . . from the improvident and premature closing of a[n] . . . emergency room” but was “equally sensitive” to petitioner’s public safety and quality of life concerns.

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