Majority
p. 799In the Matter of Myron Marshall, Appellant, v Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Respondents. (Appeal No. 2.)
Judgment unanimously affirmed, without costs. Same memorandum as in Matter of Marshall v State Bd. For Professional Med. Conduct ( 73 AD2d 798 ). (Appeal from judgment of Erie Supreme Court— Public Officers Law, § 89.) Present—Dillon, P. J., Cardamone, Simons, Callahan and Moule, JJ.