Legal Opinion

Matter of Catholic Med. Ctr. of Brooklyn & Queens, Inc. v. Dep't of Health of the State of New York

New York Court of Appeals

Decided December 19, 1979PublishedCited by 44 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. (Matter of St. Luke’s Hosp. Center v Ingraham, 43 NY2d 771.) We also observe that the rate-fixing order of the Commissioner of Health, being quasi-legislative in nature, could not have been annulled except upon a compelling showing that the calculations from which it derived were unreasonable (see Matter of Sigety v Ingraham, 29 NY2d 110, 114). In making a quasi-legislative determination, the commissioner, of course, is not confined to factual data alone but also may apply broader *969judgmental considerations…

2Cases cited3 opinions

  1. In re Sigety v. IngrahamNew York Court of Appeals · 1971
  2. In re the Claim of FisherNew York Court of Appeals · 1975
  3. St. Lukes Hospital Center v. IngrahamNew York Court of Appeals · 1977

3Cited by44 opinions

  1. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
  2. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  3. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
  4. People v. PalumboAppellate Division of the Supreme Court of the State of New York · 1980
  5. Indiana Department of Public Welfare v. Crescent Manor, Inc.Indiana Court of Appeals · 1981

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