Erie County v. Whalen

I respectfully dissent. The order of the Appellate Division, directing entry of a judgment declaring the rule of the Commissioner of Health (10 NYCRR 40.11 [1]) invalid, should be reversed.

We are concerned with the right of a county to reimbursement for expenditures made by it for "fringe benefits”, i.e., contributions for employee health insurance and retirement funds including Social Security. The controversy — Erie County’s right to restitution from the State for such payments made in connection with general public health work — comes to us without factual dispute.

On September 24, 1975,…