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MATTER OF CATHOLIC MED. CTR. OF BROOKLYN & QUEENS, INC. v. DEP'T OF HEALTH OF THE STATE OF NEW YORK

54 A.D.2d 933 (1976)

In the Matter of Catholic Medical Center of Brooklyn and Queens, Inc., Respondent, v. Department of Health of the State of New York et al., Appellants

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

November 8, 1976

Judgment reversed, without costs or disbursements, and proceeding remitted to Special Term for a hearing and new determination, in accordance herewith.

We direct that the State Director of the Budget be joined in this proceeding (see Public Health Law, § 2807, subds 2, 3; CPLR 1001, subd [b]; 1003; Matter of Marshall v Quinones, 43 A.D.2d 436). Special Term is to determine whether the rate schedules fixed by the Commissioner...

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