Buffalo General Hospital v. Sipprell

Judgment unanimously modified in accordance with the memorandum herein, and as so modified affirmed, without costs. Memorandum: Although an article 78 proceeding is not the proper method for the Buffalo General Hospital (the Hospital) to enforce an alleged contract right against the Bristol Home, Inc. (the Home), the latter interposed an answer and defended the proceeding as an action and first raised the question of the propriety of the proceeding on the oral argument before us. Under such circumstances we treat the proceeding against the Home *978as an action for declaratory judgment (see CPLR…