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MATTER OF COUNTY OF ERIE v. AXELROD

60 N.Y.2d 731 (1983)

In the Matter of the County of Erie et al., Respondents, v. David Axelrod, as Commissioner of the New York State Department of Health et al., Appellants.

Court of Appeals of the State of New York.

Decided October 18, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Peter H. Schiff of counsel), for appellants.

Eugene F. Pigott, Jr., County Attorney (Judith Bapst-Bobrowski of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and judgment granted declaring the commissioner's regulation 10 NYCRR 40.10 (f) valid.

Although section 608 of the Public Health Law speaks to rates of reimbursement, its only provision for reimbursement of general public health expenditures to a county which has a county or part-county department...

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