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ST. JOSEPH'S HOSP. v. WHALEN

84 Misc.2d 206 (1975)

In the Matter of St. Joseph's Hospital, Petitioner, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

November 5, 1975

Attorney(s) appearing for the Case

Bernard & Kaplowitz for petitioner. Louis J. Lefkowitz, Attorney-General, for Robert P. Whalen and others, respondents. Hinman, Straub, Pigors & Manning for Blue Cross of Central New York, Inc., respondent.

EDWARD S. CONWAY, J.

This is a motion by petitioner, St. Joseph's Hospital, instituted pursuant to CPLR article 78 for an order: (1) confirming that the sum of $99,121 delivered to petitioner by respondent Blue Cross of Central New York, Inc. on July 31, 1973 was a rate adjustment for the period from July 1, 1972 to December 31, 1972; and (2) annulling the determination by the respondent Department of Health that the said $99,121 was a loan or cash advance...

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