Di Marsico v. Whalen

Appeal from a judgment of the Supreme Court at Special Term, entered May 18, 1978 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking to vacate and prohibit enforcement of an order of the Commissioner of Health. This is a CPLR article 78 proceeding brought by petitioner, a physician, seeking to vacate a determination of the respondent Commissioner of Health. There is no substantial dispute about the pertinent facts. Charges were brought against petitioner relating to alleged violations of article 33 of the Public Health Law,…