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  5. 39 N.Y.2d 867 (1976)
 

MATTER OF PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK v. INGRAHAM

39 N.Y.2d 867 (1976)

In the Matter of Presbyterian Hospital in the City of New York, Appellant, v. Hollis S. Ingraham, as Commissioner of Health of the State of New York, et al., Respondents. In the Matter of Presbyterian Hospital in the City of New York, Appellant, et al., Petitioners, v. Hollis S. Ingraham, as Commissioner of Health of the State of New York, et al., Respondents. In the Matter of Benedictine Hospital et al., Petitioners, and St. Vincent's Hospital and Medical Center of New York, Appellant, v. Hollis S. Ingraham, as Commissioner of Health of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 1976.

Attorney(s) appearing for the Case

Jeffrey A. Barist, W. Neil Thomas, III, Allan L. Gropper and Joel K. Van Wynen for appellants.

Louis J. Lefkowitz, Attorney-General (Jesse J. Fine and Samuel A. Hirshowitz of counsel), for Hollis S. Ingraham, Commissioner of Health, and another, respondents.

Donald B. Da Parma, Robert A. Bicks, Alan C. Drewsen, Beverly I. Katz and John L. Shurtleff for Associated Hospital Service of New York, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and COOKE concur; Judge FUCHSBERG dissents in part and votes to modify in a separate opinion; Judge WACHTLER taking no part.

Memorandum.

Determinations affirmed, with costs, on the opinion of Mr. Justice MYLES J. LANE at the Appellate Division in the first-entitled proceeding with the following added comments.

Neither the voluntary hospitals nor the Associated Hospital Service (AHS) fall into the usual categories of regulated private enterprises or regulated public utilities. They are quasi-public corporations emburdened with public responsibilities...

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