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ARNOT-OGDEN v. BLUE CROSS

130 Misc.2d 306 (1985)

Arnot-Ogden Memorial Hospital, Petitioner, v. Blue Cross of Central New York, Inc., et al., Respondents.

Supreme Court, Chemung County.

August 7, 1985

Attorney(s) appearing for the Case

Sayles, Evans, Brayton, Palmer & Tifft for petitioner. Hinman, Straub, Pigors & Manning, P. C., for Blue Cross of Central New York, Inc., respondent. Robert Abrams, Attorney-General, for David Axelrod, as Commissioner of Health of the State of New York and another, respondents.

WILLIAM N. ELLISON, J.

The above matter was originally commenced as a combination contractual action against Blue Cross, a CPLR article 78 proceeding against respondent Axelrod and a declaratory judgment action against respondent Lewis. The action alleged that the hospital's 1975 reimbursement rates paid by Blue Cross to the petitioner were either inadequate or incorrectly calculated. By decision of the Appellate Division, Third Department, it was ordered...

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