Laackman v. McManus

This proceeding is brought under article 78 of the CPLR for an order compelling the respondent, as Commissioner of Public Welfare of Nassau County, to pay hospital charges incurred for the care of an alleged medically indigent person.

The proceeding was begun by notice and petition, and the prescribed procedure required the respondent either to serve a formal answer and affidavit in response to the petition, or to make a motion to dismiss based on objections in point of law (CPLR 7804, subds. [e], [f]). The respondent instead simply filed an answering affidavit. The technical deficiency in…