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MATTER OF ZAKS v. KLEPAK

59 A.D.2d 993 (1977)

In the Matter of Arthur Zaks et al., Appellants, v. Daniel Klepak, as Commissioner of New York State Office of Drug Abuse Services, Respondent

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

November 17, 1977

Although Special Term correctly concluded that respondent acted properly in revoking its approval for petitioners to operate their methadone clinic, it erred in concluding that respondent properly directed that said clinic cease operation. The respondent had been granted the power to approve the operation of private methadone treatment facilities (Mental Hygiene Law, § 81.09, subd [n]; 14 NYCRR Part 2021). It has also the inherent power to set aside such approval. The...

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