MATTER OF DI MARSICO v. WHALEN


68 A.D.2d 971 (1979)

In the Matter of Frank P. Di Marsico, Appellant, v. Robert P. Whalen, as Commissioner 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.

March 15, 1979


There is no substantial dispute about the pertinent facts. Charges were brought against petitioner relating to alleged violations of article 33 of the Public Health Law, including the improper dispensing of, and record keeping relating to, various controlled substances. The notice of hearing advised petitioner, inter alia, that he could "appear in person or by representative, with or without counsel". Petitioner sought advice from a nonlawyer acquaintance who told...

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