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Wesser v. State Department of Health

60 N.Y.2d 785 Court N.Y. Decision date 1983-10-25 English

Contents

Majority

p. 785
In the Matter of David R. Wesser, Appellant, v State of New York Department of Health, State Board of Professional Medical Conduct, Respondent.
Decided October 25, 1983
p. 787
APPEARANCES OF COUNSEL
Deyan Ranko Brashich for appellant.
Robert Abrams, Attorney-General {Mary Fisher Bernet of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. The Appellate Division correctly held that section 303 of the State Administrative Procedure Act is applicable and that it precludes the petitioner from seeking judicial review at this time.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.