LIBERATI v. AXELROD


108 Misc.2d 820 (1981)

Thomas A. Liberati, Petitioner, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

May 14, 1981


Attorney(s) appearing for the Case

Barry Ivan Slotnick for petitioner. Robert Abrams, Attorney-General (Jane B. Schneider of counsel), for respondents.


EDWARD S. CONWAY, J.

This is an article 78 proceeding in which petitioner seeks an order reviewing and annulling the determination of respondents, made pursuant to section 3450 of the Public Health Law, on the ground that said determination was arbitrary and capricious and that the petitioner has had no opportunity to be heard.

The respondents move to dismiss the article 78 proceeding on the ground that there is no provision for court review of...

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