County of Erie v. Axelrod

OPINION OF THE COURT

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.

*733Although 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 of health is for part of the expenditures by that department (subd 1, par [c]). By contrast, in paragraphs (d) through (i) it provides for reimbursement of health programs conducted by agencies named in…