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BEEKMAN-DWNTN HOSP v. WHALEN

57 A.D.2d 1 (1977)

In the Matter of Beekman-Downtown Hospital et al., Respondents, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, et al., Appellants In the Matter of Astoria General Hospital et al., Respondents, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, et al., Appellants

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

March 31, 1977

Attorney(s) appearing for the Case

Donald B. da Parma of counsel (Breed, Abbott & Morgan, attorneys), for Blue Cross and Blue Shield of Greater New York, appellants.

Louis J. Lefkowitz, Attorney-General (Mark C. Rutzick of counsel), for Robert P. Whalen and another, appellants.

Jacob Imberman of counsel (Susan Rosenfeld and Bruce E. Fader with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for Beekman-Downtown Hospital and others, respondents.

I. Leon Goodman of counsel (Solomon, Rosenbaum, Goodman, Reier & Ross, attorneys), for Astoria General Hospital and others, respondents.

BIRNS, J. P., LANE and NUNEZ, JJ., concur.

SILVERMAN, J.

The State Commissioner of Health, the State Superintendent of Insurance, and Blue Cross and Blue Shield of Greater New York ("Blue Cross") (the commissioner, the superintendent, and Blue Cross are hereinafter referred to as "appellants"), appeal from an order and judgment of the Supreme Court which annuls the determination of the commissioner and superintendent certifying and approving revised 1974...

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