Opinion
June 22, 1999.
Appeal from the Supreme Court, New York County (Marylin Diamond, J.).
Contrary to plaintiffs' contention, the subject enabling statute (McKinney's Uncons Laws of N.Y. § 7385 [9] [New York City Health and Hospitals Corporation Act § 5 (9); L 1969, ch 1016, § 1]) does not mandate maintenance of ambulance services by the Health and Hospitals Corporation itself ( cf., Council of City of N.Y. v. Giuliani, 93 N.Y.2d 60). The mere authorization in the statute for the corporation's provision of such services is not tantamount to the mandate that plaintiffs would have us find ( see, Matter of Hamburg v. McBarnette, 83 N.Y.2d 726, 733). Accordingly, the contested transfer of ambulance services from the Health and Hospitals Corporation to the New York City Fire Department was not accomplished in violation of that statute and did not require an amendment thereof. We modify only to declare explicitly what is implied by Supreme Court's disposition ( see, Lanza v. Wagner, 11 N.Y.2d 317, 334, cert denied 371 U.S. 901). We have considered plaintiffs' remaining arguments and find them to be unavailing.
Concur — Rosenberger, J. P., Williams, Tom and Wallach, JJ.