St. Clare's Hospital v. Breslin

Ellis J. Staley, Jr., J.

This is a proceeding under article 78 of the Civil Practice Act wherein the petitioner, St. Clare’s Hospital, seeks an order directing and commanding the Commissioner of Public Welfare of the County of Albany to pay hospital charges incurred by one Pearl Schoonmaker, in the course of emergency treatment and care rendered to her as a medically indigent person. The respondent Commissioner has moved for denial of the application on the ground that pursuant to the provisions of section 187 (subd. 2, par. [c]) of the Social Welfare Law of the State of New York, he has made…