Grossman v. Hilleboe

Eager, J. (dissenting in part).

I would annul the determination of the Health Commissioner in its entirety, without costs. I agree that the first, second and fourth decretal paragraphs in the determination of the Health Commissioner should be annulled for the reasons set forth in the majority memorandum. I would also hold, however, that the determination is invalid, in its entirety, as unauthorized by the statute in effect at the time of the institution of the proceedings and at the time made.

Subdivision 1 of section 12 of the Public Health Law provided (at the time of the alleged violations)…