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MATTER OF BERGMAN v. WHALEN

60 A.D.2d 687 (1977)

In the Matter of Bernard Bergman, Appellant, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, et al., Respondents

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

December 8, 1977

Affirmed, without costs. (See, also, Matter of Sturman v Public Health Council, 58 A.D.2d 389.)

Mikoll, J. (dissenting).

The hearing given to petitioner was not conducted in accordance with statutory requirements and, as a result, the council was without jurisdiction to revoke his approval of establishment. Section 225 of the Public Health Law enumerates the powers of the Public Health Council. Subdivision...

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