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MATTER OF RAINKA v. WHALEN

51 N.Y.2d 973 (1980)

In the Matter of Richard A. Rainka, Appellant, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

Richard H. Weiner and Terence J. Devine for appellant.

Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (73 A.D.2d 731

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