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MATTER OF CLINTON v. WHALEN

88 Misc.2d 958 (1976)

In the Matter of John H. Clinton, Petitioner, v. Robert H. Whalen, as Commissioner of Health of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

October 25, 1976

Attorney(s) appearing for the Case

William A. Sekellick for petitioner. Louis J. Lefkowitz, Attorney-General, for respondent.

ROGER J. MINER, J.

This is an application to prohibit the respondent from conducting a hearing pursuant to subdivision 3 of section 3451 of the Public Health Law.

Petitioner is a licensed funeral director and the sole owner of a funeral home which he has managed since its opening in 1941. It appears that his wife, Florence Clinton, has assisted him for many years in the administrative, secretarial and...

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