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ERIE CO. v. WHALEN

57 A.D.2d 281 (1977)

Erie County et al., Appellants, v. Robert P. Whalen, as Commissioner of The New York State Department of Health, et al., Respondents

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

May 19, 1977

Attorney(s) appearing for the Case

William E. Straub, Acting County Attorney (Susan C. Goldberg of counsel), for appellants.

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

KOREMAN, P. J., and GREENBLOTT, J., concur with MAIN, J.; LARKIN and HERLIHY, JJ., dissent and vote to affirm in an opinion by HERLIHY, J.

MAIN, J.

In October of 1975, petitioners filed vouchers with the New York State Department of Health in which they sought reimbursement for expenditures incurred by them during the third quarter of 1975 for general public health work and a specific ghetto medicine program. Both vouchers sought reimbursement for, inter alia, costs paid by Erie County for certain employee fringe benefits, i.e., contributions...

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