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MATTER OF CATHOLIC MED. CTR. OF BROOKLYN & QUEENS, INC. v. DEP'T OF HEALTH OF THE STATE OF NEW YORK

48 N.Y.2d 967 (1979)

In the Matter of Catholic Medical Center of Brooklyn and Queens, Inc., Appellant, v. Department of Health of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1979.

Attorney(s) appearing for the Case

E. Roger Frisch and Richard M. Auerbach for appellant.

Robert Abrams, Attorney-General (George C. Mantzoros and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge MEYER dissents and votes to reverse in a separate opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed. (Matter of St. Luke's Hosp. Center v Ingraham, 43 N.Y.2d 771.) We also observe that the rate-fixing order of the Commissioner of Health, being quasi-legislative in nature, could not have been annulled except upon a compelling showing that the calculations from which it derived were unreasonable (see Matter of...

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