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MATTER OF CITY OF NEW YORK v. WYMAN

30 N.Y.2d 537 (1972)

In the Matter of City of New York et al., Respondents, v. George K. Wyman, as Commissioner of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Stephen P. Seligman and Samuel A. Hirshowitz of counsel), for appellants.

J. Lee Rankin, Corporation Counsel (James Nespole and Stanley Buchsbaum of counsel), for City of New York and others, respondents.

Robert P. Borsody, Kenneth P. Norwick, John DeWitt Gregory, Marcia Lowry and Marvin Milbauer for Jane Doe and another, intervenors-respondents.

Frederic S. Nathan, Harriet F. Pilpel and Michael K. Brown for Citizens Committee for Children of New York, Inc. and others, amici curiae.

Concur: Judges BURKE, SCILEPPI, BREITEL and JASEN. Judge GIBSON dissents and votes to affirm in the following opinion in which Chief Judge FULD and Judge BERGAN concur.

Order reversed, without costs, and the directive of the Commissioner of Social Services reinstated on the dissenting opinion at the Appellate Division.

GIBSON, J. (dissenting).

I dissent and vote to affirm the order of the Appellate Division holding the State Commissioner of Social Services without authority to direct that Medicaid reimbursement for abortions be limited to abortions "medically indicated", within the Commissioner's restricted definition...

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