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PRESBYTERIAN HOSP v. INGRAHAM

48 A.D.2d 491 (1975)

In the Matter of The Presbyterian Hospital in the City of New York, Petitioner, v. Hollis S. Ingraham, As Commissioner of Health of the State of New York, et al., Respondents

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

July 1, 1975

Attorney(s) appearing for the Case

Jeffrey A. Barist of counsel (W. Neil Thomas, II, and Allan L. Gropper with him on the brief; White & Case, attorneys), for petitioner.

Donald B. da Parma of counsel (Robert A. Bicks and Alan C. Drewsen with him on the brief; Breed, Abbott & Morgan, attorneys), for Associated Hospital Service of New York, respondent.

Jesse J. Fine of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for Hollis S. Ingraham and another, respondents.

STEVENS, P. J., and NUNEZ, J., concur with LANE, J.; MURPHY and YESAWICH, JJ., dissent in an opinion by YESAWICH, J.

LANE, J.

The Presbyterian Hospital of the City of New York (the Hospital) is seeking a review of payment allocations made through the Associated Hospital Service of New York (AHS) and approved by the State Commissioner of Health (Commissioner) for the years 1970 and 1971.

Prior to May, 1969, AHS reimbursed hospitals for their expenses on the basis of actual outlay by each hospital. However, the Legislature...

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