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MTR. OF RUGBY FUNDING v. SCHRECK

29 A.D.2d 310 (1968)

In the Matter of Rugby Funding Ltd., Appellant, v. Francis C. Schreck, as Commissioner of Public Welfare of The County of Albany, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 8, 1968.

Attorney(s) appearing for the Case

Cooper, Erving & Savage (Eugene P. Devine and Andrew A. Matthews, Jr., of counsel), for appellant.

John J. Clyne, County Attorney, for respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Alan W. Rubenstein of counsel), for Commissioner of Social Services, amicus curiae.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.

HERLIHY, J.

This is an appeal by petitioner from a judgment of Special Term dismissing its petition in the nature of mandamus pursuant to article 78 of the CPLR on the merits.

The issue in this proceeding is whether or not an assignment by a dentist of his "Medicaid" claims against a county is valid and enforcible against such county.

On April 13 and April 26, 1967, Samuel B. Jefferson, D.D.S...

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