Albany Medical Center Hospital v. Breslin

These 25 article 78 proceedings were returnable at Special Term on May 28, 1965. Each involves a different person who was furnished hospital services by petitioner, for which it is claimed that respondent is liable under provisions of the Social Welfare Law.

*41It appears that sometime ago several article 78 proceedings were instituted by the petitioner herein against the respondent herein. In those proceedings respondent raised the question that an article 78 proceeding was not the proper remedy but that the proper remedy was a plenary action. Special Term held otherwise. (Matter of Albany Med.…