Council of Municipal Hospital Community Boards v. Koch

Appellate Division of the Supreme Court of New York

Council of Municipal Hospital Community Boards v. Koch

84 A.D.2d 696, 448 N.Y.S.2d 413, 1981 N.Y. App. Div. LEXIS 15841

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 5, 1981

StatusPublished

This text of 84 A.D.2d 696 (Council of Municipal Hospital Community Boards v. Koch) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Council of Municipal Hospital Community Boards v. Koch, 84 A.D.2d 696, 448 N.Y.S.2d 413, 1981 N.Y. App. Div. LEXIS 15841 (N.Y. Ct. App. 1981).

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Opinion

Order, Supreme Court, New York County (Martin Klein, J.), entered November 10, 1980, which (i) dismissed plaintiff’s second cause of action and (ii) made a declaration in favor of defendants under chapter 1013 (§ 6, subd 1, par [a]) of the Laws of 1969, modified, on the law, by vacating so much thereof as dismissed the second cause, and as modified, affirmed, without costs. For the ■reasons stated by Special Term, we agree that the minimum amount prescribed by chapter 1013 (§ 6, subd 1, par [a]) of the Laws of 1969 includes the city’s tax levies for (i) Medicaid, (ii) mental health, and (iii) debt service. However, in making the declaration, Special Term should not have dismissed the plaintiffs’ second cause of action (Sweeney v Cannon, 30 NY2d 633). Concur — Murphy P. J., Kupferman, Sullivan, Carro and Lupiano, JJ.

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Order, Supreme Court, New York County (Martin Klein, J.), entered November 10, 1980, which (i) dismissed plaintiff’s second cause of action and (ii) made a declaration in favor of defendants under chapter 1013 (§ 6, subd 1, par [a]) of the Laws of 1969, modified, on the law, by vacating so much thereof as dismissed the second cause, and as modified, affirmed, without costs. For the ■reasons stated by Special Term, we agree that the minimum amount prescribed by chapter 1013 (§ 6, subd 1, par [a]) of the Laws of 1969 includes the city’s tax levies for (i) Medicaid, (ii) mental health, and (iii) debt service. However, in making the declaration, Special Term should not have dismissed the plaintiffs’ second cause of action (Sweeney v Cannon, 30 NY2d 633). Concur — Murphy P. J., Kupferman, Sullivan, Carro and Lupiano, JJ.

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Bluebook (online)

84 A.D.2d 696, 448 N.Y.S.2d 413, 1981 N.Y. App. Div. LEXIS 15841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/council-of-municipal-hospital-community-boards-v-koch-nyappdiv-1981.

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