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PEO v. WOMAN'S CHRISTIAN ASSN.

56 A.D.2d 101 (1977)

The People of the State of New York, by Robert P. Whalen, as Commissioner of The Department of Health, et al., Appellants, v. Woman's Christian Association of Jamestown Inc., et al., Respondents

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

February 17, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly and Ruth Kessler Toch of counsel), for appellants.

Hinman, Straub, Pigors & Manning (Stephen M. Cleary of counsel), for Chautauqua Region Hospital Service Corporation, respondent.

Costello, Cooney & Fearon (Franklin S. Bonem of Proskauer, Rose, Goetz & Mendelsohn of counsel), for Woman's Christian Association of Jamestown, Inc., respondent.

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

MAIN, J.

Defendant Woman's Christian Association of Jamestown, Inc., is the sole owner and operator of Woman's Christian Association Hospital in Jamestown, New York (hereinafter the hospital). Pursuant to section 2807 of the Public Health Law and by contract dated August 31, 1973, the hospital has accepted from respondent Chautauqua Region Hospital Service Corporation (hereinafter Blue Cross) direct payments...

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