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HEALTH CARE PLAN, INC. v. BAHOU

61 N.Y.2d 814 (1984)

Health Care Plan, Inc., Appellant, et al., Petitioners, v. Victor Bahou, Individually and as President and Commissioner of the Civil Service Commission, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1984.

Attorney(s) appearing for the Case

James L. Magavern for appellant.

Robert Abrams, Attorney-General (John Q. Driscoll and Peter H. Schiff of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division insofar as appealed from should be modified, with costs, so as to direct the respondent commissioner to refund the petitioner's 1980 subscribers the amounts by which they were overcharged for their contributions to petitioner's plan in 1980. The case should be remitted to the Supreme Court, Erie County, for the entry of judgment consistent with this memorandum.

The petitioner...

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