Guidetti v. Whalen

Determination and order of respondent (Robert P. Whalen, Commissioner of Health, New York State Department of Health), dated November 6, 1978, unanimously modified, without costs or disbursements, on the law and in the exercise of discretion, to the extent of vacating the findings and conclusions in conclusion AA of the hearing officer’s supplemental report, and the penalty imposed by respondent, remanding for the imposition of an appropriate penalty not to exceed a fine of $10,000 and otherwise confirmed. In this CPLR article 78 proceeding, petitioners seek review of a final determination…