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SCHAUBMAN v. BLUM

49 N.Y.2d 375 (1980)

Gerald Schaubman et al., Respondents, v. Barbara Blum, as New York State Commissioner of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Tyrone Mark Powell and George D. Zuckerman of counsel), for appellant.

Jerome I. Sager for respondents.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

The sole issue presented in this case is whether the penalty imposed by the Department of Social Services against the petitioners is so disproportionate to the offense as to mandate modification.

Petitioner Jarrett Drug Corporation is a registered pharmacy licensed to do business in the State of New York. Petitioner Gerald Schaubman, a pharmacist, is a principal of Jarrett Drug Corporation and...

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