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  5. 44 N.Y.2d 817 (1978)
 

ERIE COUNTY v. WHALEN

44 N.Y.2d 817 (1978)

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

Court of Appeals of the State of New York.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan, Ruth Kessler Toch and Kenneth J. Connolly of counsel), for appellants.

T. J. Szymanski, County Attorney (Justyn N. Miller and Susan C. Goldberg of counsel), for respondents.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge COOKE dissents and votes to reverse in the following opinion.

Order affirmed, with costs, on the opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division (57 A.D.2d 281).

COOKE, J. (dissenting).

I respectfully dissent. The order of the Appellate Division, directing entry of a judgment declaring the rule of the Commissioner of Health (10 NYCRR 40.11 [l]) invalid, should be reversed.

We are concerned with the right of a county to reimbursement for expenditures...

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