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  5. 44 N.Y.2d 466 (1978)
 

PEOPLE v. WOMAN'S ASSN.

44 N.Y.2d 466 (1978)

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.

Court of Appeals of the State of New York.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (W. Alexander Melbardis and Ruth Kessler Toch of counsel), for appellants.

Franklin S. Bonem, Robert M. Kaufman, Stephen E. Tisman and Bruce E. Fader for Woman's Christian Association, respondent.

Stephen M. Cleary, J. Vanderbilt Straub, Joseph Boochever and Kenneth D. Runion for Chautauqua Region Hospital Service Corporation, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur with Judge FUCHSBERG; Judge GABRIELLI concurs in a separate opinion in which Chief Judge BREITEL also concurs.

FUCHSBERG, J.

We are here called upon to decide whether a hospital which is no longer party to a Blue Cross operating contract may charge patients who are Blue Cross subscribers rates in excess of those allowed by the State as the maximum reimbursable by Blue Cross. The answer to this question is dependent on the construction of the applicable statutes.

Respondent Woman's Christian Association of Jamestown...

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