Opinion
July 5, 1967
Order and judgment (one paper) of the Supreme Court, Queens County, dated December 13, 1963, modified on the law and the facts by (1) striking therefrom the words "effective September 18, 1963" and substituting therefor the words "effective May 21, 1963", and (2) by adding thereto a provision annulling the determination of the respondent Associated Hospital Service of New York and directing it to process the claims of its subscribers for hospitalization at Kew Gardens General Hospital. As so modified, the judgment insofar as appealed from is affirmed, with costs. In our opinion, the decision of this court in Matter of Kew Gardens Sanitarium v. Trussell ( 28 A.D.2d 959 decided herewith) requires the above modification in the interest of justice in order to return petitioners to their status quo ante. Order dated April 30, 1964, affirmed, with costs. No opinion. Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.