Campion Funeral Home, Inc. v. Axelrod

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of the Department of Health which sustained petitioners’ guilt of certain violations of the Public Health Law. Our review of the record in this proceeding to annul respondent commissioner’s determination finding petitioners guilty of certain misconduct in the operation of their funeral home reveals no rational basis for the commissioner’s finding that petitioners violated section 3450 (subd 1, par [e]) of the…