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John P. v. Axelrod

96 A.D.2d 761 Court N.Y. App. Div. Decision date 1983-07-11 English

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p. 761
John P., Appellant-Respondent, v David Axelrod, as Commissioner of Health of the State of New York, et al., Respondents-Appellants.

— Motion to dismiss appeal denied; motion to stay hearing denied; motion granted and automatic stay vacated. Memorandum: On the papers submitted, the temporary suspension entered by the commissioner is overbroad and exceeds the authority granted him under the statute. (See Public Health Law, § 230, subd 12.) Present — Dillon, P. J., Hancock, Jr., Denman, Doerr and Boomer, JJ.