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KEW GARDENS SAN. v. WHALEN

55 A.D.2d 226 (1976)

In the Matter of Kew Gardens Sanitarium, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Appellants-Respondents, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, Respondent-Appellant In the Matter of Medical Arts Sanitarium, Inc., Appellant-Respondent, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, Respondent-Appellant

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

December 30, 1976

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (Robert H. Iseman of counsel), for Kew Gardens Sanitarium, Inc., and others, appellants-respondents.

Louis J. Lefkowitz, Attorney-General (CLifford A. Royael and Ruth Kessler Toch of counsel), for respondent-appellant.

KOREMAN, P. J., GREENBLOTT, KANE and MAHONEY, JJ., concur.

SWEENEY, J.

Petitioners are proprietary hospitals organized and existing under article 28 of the Public Health Law. Pursuant to subdivision 3 of section 2807 of said article, respondent is charged with the duty and obligation of determining and certifying to the Superintendent of Insurance and Budget Director that the proposed rate schedule for payments to hospitals by governmental agencies are reasonably related...

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