Albany Medical Center Hospital v. Breslin

• Decision Date: 26 July 1965
• Citation: 47 Misc.2d 40,261 N.Y.S.2d 957
• Parties: Application of ALBANY MEDICAL CENTER HOSPITAL, Petitioner, v. Marsh W. BRESLIN, as Commissioner of the Department of Public Welfare of the County of Albany, Respondent, for a Judgment under Article 78 of the Civil Practice Law and Rules reviewing and correcting the failure or refusal of the Respondent as Commissioner of the Department of Public Welfare of the County of Albany to (1) investigate and make a determination of the alleged medical indigency of one Ethel Hart and/or (2) to pay Petitioner for the hospital care of the said patient, pursuant to Sections 187 and 207-217 of the Social Welfare Law. (And 24 additional Article 78 proceedings between the same parties briefly identified by Albany County Clerk's Index Numbers 2350-65 to 2357-65, both inclusive, and 2359-65 to 2374-65, both inclusive.)
• Court: New York Supreme Court

Page 957

261 N.Y.S.2d 957

47 Misc.2d 40

Application of ALBANY MEDICAL CENTER HOSPITAL, Petitioner, v. Marsh W. BRESLIN, as Commissioner of the Department of Public Welfare of the County of Albany, Respondent, for a Judgment under Article 78 of the Civil Practice Law and Rules reviewing and correcting the failure or refusal of the Respondent as Commissioner of the Department of Public Welfare of the County of Albany to (1) investigate and make a determination of the alleged medical indigency of one Ethel Hart and/or (2) to pay Petitioner for the hospital care of the said patient, pursuant to Sections 187 and 207-217 of the Social Welfare Law. (And 24 additional Article 78 proceedings between the same parties briefly identified by Albany County Clerk's Index Numbers 2350-65 to 2357-65, both inclusive, and 2359-65 to 2374-65, both inclusive.)

Supreme Court, Special Term, Albany County.

July 26, 1965.

Hayt & Hayt, Albany (Joseph K. Fitzpatrick, Brooklyn, of counsel), for petitioner.

John J. Clyne, County Atty., Albany County, for respondent.

ISADORE BOOKSTEIN, Justice.

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.

It 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. Albany Medical Center Hospital v. Breslin, 46 Misc.2d 671, 260 N.Y.S.2d 479.

Respondent appealed from that determination. Some question exists as to whether or not that appeal was duly taken. In any event, prior to the return date of these proceedings respondent obtained an order to show cause returnable at this Special Term, why these proceedings should not be stayed pending the determination of the aforesaid appeal.

My attention has not been called to any statutory authority for granting such a stay. Respondent maintains that this court has the inherent power to grant such a stay, although no authority for that proposition is cited.

Even assuming that the court has such inherent power, the rule is well-established that a court of equity will not stay or enjoin an action or proceeding, without a showing of...