St. Clare's Hospital v. Breslin

Petitioner instituted this proceeding to review a determination of the Albany County Welfare Commissioner denying payment of two hospital bills for one Pearl Schoonmaker, an alleged medically indigent person and to compel payment thereof.

Respondent served no answer to the petition. Instead, he served an affidavit. In this posture, Special Term dismissed the petition. (27 Misc 2d 126.)

An appeal was taken from the Special Term order of dismissal to the Appellate Division which reversed the Special Term order on procedural grounds, since no answer was served and gave leave to respondent to serve…