Catholic Med. Ctr. of Brooklyn & Queens v. Rockefeller
| Decision Date | 29 July 1970 |
| Docket Number | Docket 35006.,No. 921,921 |
| Citation | 430 F.2d 1297 |
| Parties | CATHOLIC MEDICAL CENTER OF BROOKLYN AND QUEENS, INC., DIVISION OF ST. MARY'S HOSPITAL, the Niagara Falls Memorial Hospital: and other hospitals similarly situated, Plaintiffs-Appellees, v. Nelson A. ROCKEFELLER, Governor of the State of New York; Hollis S. Ingraham, Commissioner of Health of the State of New York; George K. Wyman, Commissioner of Social Services of the State of New York; and T. Norman Hurd, Director of the Budget of the State of New York, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Second Circuit |
James M. Hartman, Richard L. Epstein, William L. Dorr, Paul R. Braunsdorf, Rochester, N. Y., of counsel, for plaintiffs-appellees.
George D. Zuckerman, Lloyd G. Milliken, Asst. Attys. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., New York City, for defendants-appellants.
Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.
This is an appeal by the defendant officers of the State of New York from a declaratory judgment entered by a three judge district court sitting in the Eastern District of New York. The district court held, as the plaintiff hospitals had alleged in their first of three causes of action, that Chapters 184 and 957 of the New York Laws of 1969, Section 2807(2) of New York's Public Health Law, McKinney's Consol.Laws, c. 45, are in conflict with pertinent federal statutes and regulations and violate the Supremacy Clause in Article VI of the United States Constitution.
As we affirm the declaratory judgment below on the two reasoned opinions of the district court which are reported at 305 F.Supp. 1256 and 305 F.Supp. 1268, we find it unnecessary to spell out anew the constitutional issues presented by the three causes of action contained in the hospitals' complaint or to review the pleadings below. The posture of the case is satisfactorily set forth in those opinions. It suffices to state that the court below, adjudicating counter-motions upon voluminous affidavits and pre-trial depositions, found it necessary to reach but the first cause of action.
The first opinion of the district court, reported at 305 F.Supp. 1256 (EDNY 1969), was handed down on October 29, 1969, and was an interim memorandum opinion which deferred entry of judgment until the U. S. Department of Health, Education, and Welfare had had an opportunity to express its views if it cared to do so. Within 30 days the Secretary of that Department submitted a brief amicus curiae and, on December 8, 1969, the district court filed its second memorandum opinion, reported at 305 F.Supp. 1268 (EDNY 1969), concluding with a six paragraph order, id. at 1271, of which paragraphs (1) and (2) follow:
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