Cacciotti v. New York State Department of Health

OPINION OF THE COURT

Robert S. Rose, J.

In this CPLR article 78 proceeding, petitioner seeks review and annulment of a determination by respondents to assess a civil penalty in the amount of $1,500 against him for alleged misconduct in his dental practice. Respondents’ determination was served on petitioner on June 23, 1987, and petitioner subsequently obtained an order to show cause signed by Hon. Frederick B. Bryant on August 24, 1987 to commence an article 78 proceeding. It is undisputed that at the time the order to show cause was signed, petitioner had not filed a request for judicial…