Arnot-Ogden Memorial Hospital v. Blue Cross of Central New York, Inc.

OPINION OF THE COURT

William N. Ellison, J.

The above matter was originally commenced as a combination contractual action against Blue Cross, a CPLR article 78 proceeding against respondent Axelrod and a declaratory judgment action against respondent Lewis. The action alleged that the hospital’s 1975 reimbursement rates paid by Blue Cross to the petitioner were either inadequate or incorrectly calculated. By decision of the Appellate Division, Third Department, it was ordered that the action be treated as a special proceeding (Arnot-Ogden Mem. Hosp. v Blue Cross, 92 AD2d 629).

Originally the…