Hoch v. New York State Department of Health

OPINION OF THE COURT

Joseph D. McGuire, J.

Before the court is the application of Richard W. Hoch, doing business as Rick’s General Store, for a judgment pursuant to CPLR article 78. Petitioner requests that a decision by the *463New York State Department of Health be vacated, that the fine imposed be set aside, and that the suspension of petitioner’s “Retail Dealer Certificate of Registration” for sale of cigarettes and/or tobacco products be withdrawn.

Following an administrative hearing and an appeal to the Administrative Tribunal of the New York State Department of Health, petitioner was found…