Oswego Hospital v. Kessler

Proceeding under article 78 of the Civil Practice Act to compel respondent, as commissioner of the City of Oswego, New York Public Welfare District, to accept hospital charges of one Donald Klock, an allegedly medically indigent person, and to make them a public charge against such public welfare district.

Despondent resists the proceeding upon the grounds that the required investigation to determine Klock’s status was made; that the determination that Klock, at the time of the investigation, was not medically indigent is not subject to collateral attack since petitioner has failed to show…