A. G. Odell, Inc. v. Axelrod

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Health which sustained a civil penalty against petitioners for repeatedly violating the Public Health Law.

Over a period of approximately two years, petitioners, a small local pharmacy and its owner, admittedly disregarded statutory and regulatory provisions for prescribing controlled substances. In particular, in contravention of subdivision 1 of section 3304 of the Public Health Law, they refilled 36 oral…