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MATTER OF DI MARSICO v. WHALEN

49 N.Y.2d 822 (1980)

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.

Court of Appeals of the State of New York.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Frank H. Penski for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for respondents.

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

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (68 A.D.2d 971), to which we add only that the power of the commissioner to revoke prescription forms under subdivision 5 of section 3338 of the Public Health Law extends to any person who fails to comply with article 33 whether that person be licensed pursuant to that article or a physician who is permitted to dispense controlled substances,...

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