HOSP. COUNCIL v. WHALEN


89 Misc.2d 304 (1977)

Nassau-Suffolk Hospital Council, Inc., Plaintiff, v. Robert P. Whalen, as Commissioner of Health of the State of New York, Defendant. Accredited Private Hospital Association of Nassau-Suffolk, Inc., Third-Party Plaintiff, v. Robert P. Whalen, as Commissioner of Health of the State of New York, Third-Party Defendant. Nassau-Suffolk Hospital Council, Inc., Plaintiff, and Accredited Private Hospital Association of Nassau-Suffolk, Inc., Intervenor-Plaintiff, v. Robert P. Whalen, as Commissioner of Health of the State of New York, Defendant, and Newsday, Inc., Intervenor-Defendant.

Supreme Court, Special Term, Nassau County.

January 17, 1977


Attorney(s) appearing for the Case

Hayt, Hayt, Tolmach & Landau (Andrew Ross and Andrew B. Roth of counsel), for Nassau-Suffolk Hospital Council, Inc., plaintiff. Louis J. Lefkowitz, Attorney-General (Michael P. Fogarty and Keith Danish of counsel), for Robert P. Whalen, defendant and third-party defendant. Solomon, Rosenbaum & Goodman (I. Leon Goodman of counsel), for third-party plaintiff. Townley, Updike, Carter & Rogers (Gayle A. Yeomans of counsel), for Newsday, Inc., intervenor-defendant. Weissburg & Aronson (Carl Weissburg and Lyle R. Mink of counsel), for Federation of American Hospitals, amicus curiae.


DAVID T. GIBBONS, J.

This is an action for judgment enjoining the defendant, Robert P. Whalen, M. D., as Commissioner of Health of the State of New York, from making available for public inspection to the intervenor-defendant, Newsday, Inc., or any other members of the news media or the public, copies of or information contained in the surveys and reports now in his...

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