Wootan v. Axelrod

— Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered April 23, 1982 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul an order of respondent State Commissioner of Health which suspended petitioner’s license to practice medicine for a period of 60 days. This court is again called upon to determine whether an order directing petitioner to immediately discontinue practicing medicine for 60 days is authorized by subdivision 12 of section 230 of the Public Health Law, which provides: “Summary action.…