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PEOPLE v. DOBBS FERRY MED. PAVILLION

40 A.D.2d 324 (1973)

The People of the State of New York, Respondent, v. Dobbs Ferry Medical Pavillion, Inc., Defendant, and Jerry Zucker, Appellant. Donald M. Pearlman et al., Nonparty Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1973.

Attorney(s) appearing for the Case

London, Buttenwieser & Chalif (Ephraim London and Franklin S. Bonem of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Joel H. Sachs, Samuel A. Hirshowitz and Philip Weinberg of counsel), for respondent.

RABIN, P. J., LATHAM, SHAPIRO and CHRIST, JJ., concur in Per Curiam opinion; MUNDER, J., dissents and votes to affirm the judgment, with an opinion.

Per Curiam.

This is an appeal by defendant Zucker from a judgment which enjoined him and his codefendant, Dobbs Ferry Medical Pavillion, Inc., from operating an abortion facility at certain specified premises in Dobbs Ferry until the facility shall have been approved (i.e., licensed) as a hospital by the Public Health Council of the State of New York. Doctors Pearlman, Dorsen and Quint, partners whose offices constitute...

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