Joshua A. Becker, M.D. & Associates, P.C. v. State
| Decision Date | 29 November 1979 |
| Docket Number | No. 59429,59429 |
| Citation | 424 N.Y.S.2d 353,48 N.Y.2d 867,400 N.E.2d 295 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 400 N.E.2d 295 JOSHUA A. BECKER, M. D. & ASSOCIATES, P. C., Appellant, v. STATE of New York, Respondent. (Claim) |
Nevertheless, the State Comptroller's office honored the professional corporation's vouchers for three months until April 1, 1971. Though the Comptroller refused to make payment thereafter, the radiologists continued to provide professional services, but when the vouchers they submitted remained unpaid the corporation filed a claim in the Court of Claims for services rendered between April 1, 1971 and December 31, 1973. That claim was settled on June 5, 1975 under circumstances detailed below. The instant action stems from claimants' demand for compensation for services rendered between January 1 and December 31, 1974.
In resolving this controversy it is critical to focus on what transpired on June 5, 1975 when the parties settled their first dispute. That claim was resolved when Deputy Comptroller Martin Ives made the following statement on record:
Although the Deputy Comptroller did not "admit liability", his agreement to pay the 1971-1973 claim based on the fact "that the University requires the continuing services of Joshua A. Becker & Associates at the Downstate Medical Center in the immediate future" and in light of a "contemplated administrative disposition" was an approval by the Deputy Comptroller, sufficient to satisfy the requirements of section 112 of the State Finance Law of the professional corporation's rendition of services to the university for the period between April 1, 1971 and December 31, 1973 and continuing to render those...
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Joshua A. Becker, M.D. & Associates, P.C. v. State
...and the State University has been approved by the Comptroller (see State Finance Law, § 112)." Becker v. State of New York, 48 N.Y.2d 867, 868-869, 424 N.Y.S.2d 353, 354, 400 N.E.2d 295, 296. THE CONTENTIONS OF THE Claimant's able counsel contends with respect to both of the motions present......
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Town of Fenton v. Dole
...144, 217 N.Y.S.2d 766 (3d Dept. 1961); Becker v. New York, 65 A.D.2d 65, 410 N.Y.S.2d 699, 700 (3d Dept. 1978), aff'd 48 N.Y.2d 867, 424 N.Y.S.2d 353, 400 N.E.2d 295 (1979). The public hearing requirement is intended to provide a mechanism by which highway planners are "publicly confronted ......
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Lachica v. State, 68248
...not estop it from challenging the validity of the contract or from denying liability pursuant to it ( Becker & Assoc. v State of New York, 48 NY2d 867 [424 N.Y.S.2d 353, 400 N.E.2d 295], affg 65 AD2d 65 ; see, also, Seif v City of Long Beach, 286 NY 382 ; McDonald v Mayor of City of N.Y., 6......
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Schenker v. State, 65360
...A.D.2d 144, 146, 217 N.Y.S.2d 766; see also, Becker & Assoc. v. State of New York, 65 A.D.2d 65, 410 N.Y.S.2d 699, aff'd 48 N.Y.2d 867, 424 N.Y.S.2d 353, 400 N.E.2d 295). Finally, counsel for claimant, leaving no stone unturned in her excellent memoranda of law, also argues that the defenda......