Pomeroy v. Whalen

Proceeding pursuant to CPLR article 78 (transferred to this *897court by order of the Supreme Court at Special Term, entered in Franklin County), to review a determination of the Commissioner of Health. Respondents determined that petitioner was guilty of seven violations of the Public Health Law and one violation of the State Sanitary Code. In Matter of Pomeroy v Whalen (58 AD2d 21), we modified that determination by annulling the portions which found violations of the Public Health Law. Subsequently, however, the Court of Appeals reversed our judgment, insofar as appealed from, on the ground…