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BECKER v. STATE OF N. Y.

65 A.D.2d 65 (1978)

Joshua A. Becker, M. D. & Associates, P. C., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 59429.)

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

December 7, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (George M. Thorpe and Ruth Kessler Toch of counsel), for appellant-respondent.

Van Voorhis & Van Voorhis (John Van Voorhis of counsel), for respondent-appellant.

SWEENEY, J. P., KANE, STALEY, JR., and HERLIHY, JJ., concur in Per Curiam opinion; MIKOLL, J., dissents and votes to affirm in an opinion.

Per Curiam.

Claimant filed this claim in the Court of Claims to recover for the value of physician's services rendered during the calendar year 1974 to patients of the Downstate Medical Center (Downstate), Brooklyn, New York, pursuant to an agreement between claimant and the State University of New York (SUNY).

For a number of years, it has been the practice of Downstate to employ physicians to serve as faculty...

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