Majority
p. 997In the Matter of Brooklyn Hospital et al., Appellants, against Mary Donlon, as Chairman of the Workmen’s Compensation Board of the State of New York, Respondent.
No opinion. Concur — Cohn, J. P., Botein, Rabin and Cox, JJ.; Bastow, J., dissents and votes to reverse and grant the application in the following. Memorandum: In my opinion, subdivision (a) of section 13 of the Workmen’s Compensation Law does not give the Chairman of the Work
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men’s Compensation Board authority to promulgate a schedule of minimum fees for hospital services. If the terminology used in that section left any doubt, it is removed by a study of the history of the statutory provision. The order appealed from should be reversed and the requested relief granted.