MATTER OF SILBERMAN v. WHALEN


70 A.D.2d 537 (1979)

In the Matter of Jason Silberman, Appellant, v. Robert P. Whalen, as Commissioner of Health of the State of New York, Respondent

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

May 10, 1979


Unanimously affirmed, without costs or disbursements.

While Special Term correctly dismissed the petition, it relied improperly on mootness in so doing, as respondent concedes. Nor is the proceeding barred by the Statute of Limitations, which begins to run on the date of the final order of determination after the hearing, not on the date of notice of the administrative hearing. Petitioner's argument that the new charges are, in substance, the same as those dismissed...

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