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For February 5, 2016 through February 11, 2016, the following preliminary appeal statements were filed:

CONCERNED HOME CARE PROVIDERS, INC. v NEW YORK STATE DEPARTMENT OF HEALTH (134 AD3d 1065):
2nd Dept. App. Div. order of 12/30/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CONSTITUTIONAL LAW - SEPARATION OF POWERS - WHETHER EXECUTIVE ORDER NO. 38 AND TWO SETS OF REGULATIONS PROMULGATED BY THE NEW YORK STATE DEPARTMENT OF HEALTH (DOH), AS SET FORTH IN 10 NYCRR PART 1002 AND IN CERTAIN AMENDMENTS TO 10 NYCRR SUBPART 69-4, VIOLATE THE SEPARATION OF POWERS DOCTRINE IN THE NEW YORK STATE CONSTITUTION; EARLY INTERVENTION PROGRAMS FOR CHILDREN WITH DEVELOPMENTAL DISABILITIES, PROVIDED BY PRIVATE AGENCIES THROUGH CONTRACT WITH THE DOH; Supreme Court, Suffolk County, denied plaintiff's cross motion for summary judgment on the complaint and granted defendants' motion for summary judgment dismissing the cause of action for injunctive relief and, in effect, declaring that Executive Order (Cuomo) No. 38 (9 NYCRR 8.38) and 10 NYCRR part 1002 are not unconstitutional, void ab initio, or violative of the separation of powers doctrine, and dismissed the complaint; App. Div. affirmed and remitted the matter to Supreme Court for entry of a declaratory judgment.