Fiedelman v. New York State Department of Health

Markewich and Fein, JJ.,

dissent in a memorandum by Fein, J., as follows: Petitioner, a licensed medical doctor, was charged with dispensing controlled medications without proper prescription. After a hearing before a representative of the Commissioner of Health, petitioner was fined $69,020 and his right to issue prescriptions was suspended for a period of two years. The commissioner’s order, dated March 26,1981, was mailed to petitioner and his attorney by certified mail on April 3,1981, in accordance with subdivision 7 of section 3393 of the Public Health Law as follows: “Any notice,…