Legal Opinion

Wootan v. Axelrod

New York Court of Appeals

Decided November 29, 1983PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

We are called upon in this case to consider the extent of the limitations upon the power of the Commissioner of Health of the State of New York (Commissioner) to suspend summarily a physician’s license to practice medicine pending disciplinary hearings. We hold that, pursuant to subdivision 12 of section 230 of the Public Health Law, the Commissioner has the power, in appropriate circumstances, to order a physician to discontinue the practice of medicine in any form. The statute does not, however, permit the Commissioner to continue such a suspension in the…

2Cases cited3 opinions

  1. Barry v. BarchiSupreme Court of the United States · 1979
  2. Wootan v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1982
  3. Wootan v. AxelrodNew York Supreme Court · 1981

3Cited by3 opinions

  1. John P. v. AxelrodNew York Court of Appeals · 1984
  2. Matter of Ogundu v. State of N.Y. Dept. of Health, State Bd. for Professional Med. ConductAppellate Division of the Supreme Court of the State of New York · 2020
  3. John P. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1984

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