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MATTER OF COUNTY OF ERIE v. HOCH

19 N.Y.2d 854 (1967)

In the Matter of the County of Erie, Appellant v. Paul H. Hoch, as Commissioner of Mental Hygiene of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 20, 1967.

Attorney(s) appearing for the Case

Norman A. Stiller, County Attorney (Milton S. Weisberg of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Robert L. Harrison and Ruth Kessler Toch of counsel), for respondents.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

MEMORANDUM.

The order should be modified, without costs to any party, and the matter remitted to Special Term for the entry of a declaratory judgment declaring that, under the 1965 amendments to the Mental Hygiene Law (§ 190-i, subd. 10; § 191-a, subd. 3, par. a; L. 1965, ch. 647), petitioner-appellant is entitled to 50% reimbursement from the State for all hospitalization insurance, State retirement system and...

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