Bergman v. Whalen

Judgment, Supreme Court, Albany County, entered February 15, 1977, affirmed, without costs, on the opinion of Miner, J., at Special Term [89 Misc 2d 237.] (See, also, Matter of Sturman v Public Health Council, 58 AD2d 389.) Greenblott, J. P., Sweeney, Main and Herlihy, JJ., concur; Mikoll, J., dissents and votes to reverse in the following memorandum. Mikoll, J. (dissenting). The hearing given to petitioner was not conducted in accordance with statutory requirements and, as a result, the council was without jurisdiction to revoke his approval of establishment. Section 225 of the Public Health…