Legal Opinion
Swartz v. New York State Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1987PublishedCited by 2 opinions
1Opinion of the Court
— Harvey, J.
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [5]) to review a determination of the Commissioner of Education which revoked petitioner’s license to practice pharmacy in New York.
A routine inspection of a pharmacy owned and operated by petitioner, a licensed pharmacist, revealed numerous unlabeled or misbranded drugs as well as medications whose expiration dates had passed. Petitioner was charged with unprofessional conduct, gross negligence, gross incompetence, negligence on more than one occasion and incompetence on more than one…
2Cases cited7 opinions
- Berenhaus v. WardNew York Court of Appeals · 1987
- Bigelow v. Board of Trustees of GouverneurNew York Court of Appeals · 1984
- Matter of Barr v. Dep't of Consumer Affairs of the City of New YorkNew York Court of Appeals · 1987
- Cerminaro v. Board of RegentsAppellate Division of the Supreme Court of the State of New York · 1986
- Sanchez v. Board of Examiners of Nursing Home AdministratorsAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by2 opinions
- 882 East 180th Street Drug Corp. v. New York State Education DepartmentAppellate Division of the Supreme Court of the State of New York · 1993
- Poglinco v. Board of Regents of UniversityAppellate Division of the Supreme Court of the State of New York · 1991