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McGAW v. HUNTINGTON HOSP.

89 A.D.2d 38 (1982)

Brian McGaw, an Infant, by His Parent, Joseph McGaw, et al., Respondents, v. Huntington Hospital et al., Defendants. County of Suffolk, Appellant

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

October 4, 1982

Attorney(s) appearing for the Case

David J. Gilmartin, County Attorney (Alfred Jackson, Jr., of counsel), for appellant.

Grutman Miller & Greenspoon (Jeffrey H. Daichman of counsel), for respondents.

O'CONNOR, J. P., BRACKEN and NIEHOFF, JJ., concur.

BOYERS, J.

The paramount issue on this appeal is whether, pursuant to section 2582 of the Public Health Law, the County of Suffolk (the county) is entitled to reimbursement from plaintiffs for moneys it has expended to provide certain essential therapy services to the handicapped infant plaintiff. We hold that it is not.

Brian McGaw, the infant plaintiff, was born November 2, 1971. Shortly thereafter...

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