Legal Opinion · Dissent

Asman v. Ambach

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1983Published

1Dissent

Mikoll and Levine, JJ.,

dissent and vote to annul in the following memorandum by Levine, J. Levine J. (dissenting). We respectfully dissent. We may assume, arguendo, that New York constitutionally could have elected to provide for automatic revocation of a professional’s license to practice upon conviction of a felony. However, by statute, the State has chosen not to do so if, as here, the convicted felon has obtained a certificate of relief from disabilities (Correction Law, § 701, subd 2; Matter of Hodes v Axelrod, 56 NY2d 930). At this point, for procedural due process purposes,…

2Cases cited12 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. United States v. MorganSupreme Court of the United States · 1941
  3. Morgan v. United StatesSupreme Court of the United States · 1938
  4. Morgan v. United StatesSupreme Court of the United States · 1936
  5. Economico v. Village of PelhamNew York Court of Appeals · 1980

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