Legal Opinion
Di Marsico v. Whalen
New York Court of Appeals
Decided March 18, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (68 AD2d 971), to which we add only that the power of the commissioner to revoke prescription forms under subdivision 5 of section 3338 of the Public Health Law extends to any person who fails to comply with article 33 whether that person be licensed pursuant to that article or a physician who is permitted to dispense controlled substances, because he is a licensed practitioner, without a separate article 33 license (see § 3302, subd 28; § 3331).
Concur; Chief Judge Cooke and…
2Cases cited1 opinion
- Di Marsico v. WhalenAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by5 opinions
- People ex rel. Martinez v. WaltersAppellate Division of the Supreme Court of the State of New York · 1984
- Young v. Board of Education of the Baldwin Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Cleveland v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1985
- Rakstis v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986
- Rakstis v. AxelrodNew York Court of Appeals · 1986