Opinion
June 28, 1961
Appeal from the Onondaga Special Term.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed and proceeding remitted to Special Term for further proceedings in accordance with memorandum, without costs of this appeal to either party. Memorandum: This is an appeal from an order directing the Onondaga County Commissioner of Public Welfare to make an investigation pursuant to section 187 of the Social Welfare Law to determine whether one Andrew C. Bartok was a medically indigent person at the time of admission to the hospital and, if he was, to provide such care as provided by law. The appellant's answer alleges that the patient was under arrest at the time of admission. Although Special Term recognized that a triable issue of fact was raised by the pleadings it attempted to resolve such issue upon written briefs of the parties rather than upon a proper trial thereof and, in so doing, failed to determine whether or not Bartok was under arrest when he was admitted to the hospital. From the record, we are unable to determine that question. There should be a trial at which evidence may be presented and the question resolved.